Oregon Statute | Act | Code |Title 30 Education And Culture| US Code - US Statute | Chapter 348 Student Aid; Education Stability Fund; Planning

(1) The Legislative
Assembly finds that:

(a) The State of Oregon can achieve its full economic and social
potential only if all Oregonians have the opportunity to contribute to
the full extent of their capabilities and only when financial barriers to
their educational goals are removed;

(b) All Oregonians who meet the appropriate admissions requirements
should be able to attend any community college, state institution of
higher education or independent not-for-profit institution of
post-secondary education regardless of individual economic or social
circumstances;

(c) The interests of this state are best served when public
subsidies supporting college students are distributed fairly, equitably
and consciously to ensure maximum access and choice for all Oregonians at
the least cost to the taxpayers;

(d) Need-based student financial aid is an effective, efficient and
essential means of assisting Oregonians who are unable to afford the full
cost of higher education;

(e) Student financial aid allows Oregonians with limited resources
to select academic programs based on their interests, aptitudes and
career goals;

(f) Student financial aid encourages and permits capable and
promising Oregonians to persist in their education and training within
this state; and

(g) By assisting Oregonians in this manner, student financial aid
contributes to the quality of life of each Oregonian and to the social,
cultural and economic well-being of all Oregonians.

(2) It is the intention of the Legislative Assembly to establish
financial assistance programs to enable qualified Oregonians who need
student aid to obtain post-secondary education in Oregon’s community
colleges, state institutions of higher education or independent
not-for-profit institutions of post-secondary education. [1993 c.239 §1;
2005 c.22 §242]LOANS GENERALLY (1) The
Department of Higher Education shall maintain with the State Treasurer a
fund separate and distinct from the General Fund known as the Higher
Education Student Loan Fund, which shall consist of:

(a) All moneys made available to the State Board of Higher
Education for student loan purposes by state appropriations and by the
federal government under terms of the National Defense Education Act of
1958 and amendments thereto, and under terms of the Health Professions
Educational Assistance Act of 1963 and the Nurses Training Act of 1964
and amendments thereto;

(b) Repayments of loans identified in paragraph (a) of this
subsection;

(c) Interest earned on student loans identified in paragraph (a) of
this subsection; and

(d) Earnings from investments of the Higher Education Student Loan
Fund.

(2) All moneys in the Higher Education Student Loan Fund are
continuously appropriated to the Department of Higher Education for the
purpose of granting student loans under the terms established by the
National Defense Education Act of 1958 and amendments thereto, under
terms of the Health Professions Educational Assistance Act of 1963 and
the Nurses Training Act of 1964 and amendments thereto.

(3) The repayment in whole or part of any student loan made under
terms of the National Defense Education Act of 1958 and amendments
thereto, under terms of the Health Professions Educational Assistance Act
of 1963 and the Nurses Training Act of 1964 and amendments thereto, shall
be made pursuant to the provisions of the applicable federal statutes and
repayment to the Higher Education Student Loan Fund shall be made in
accordance with applicable federal statutes.

(4) Funds in the Higher Education Student Loan Fund not needed for
student loans may be invested by the State Treasurer as other public
funds are invested under ORS 293.701 to 293.820. The State Treasurer
shall credit to the Higher Education Student Loan Fund any interest or
other income derived from such investment. [Formerly 351.570; 1987 c.102
§1; 1999 c.311 §4; 2005 c.22 §243] As used in ORS
348.040 to 348.070, unless the context requires otherwise:

(1) “Commission” means the Oregon Student Assistance Commission.

(2) “Eligible student” means a person who is a resident of this
state, as determined by the Oregon Student Assistance Commission, at the
time of application for a loan under ORS 348.040 to 348.070:

(a) Who is enrolled in or has applied for enrollment in a qualified
school;

(b) Who has demonstrated a satisfactory level of achievement in the
high school or other school on the record of which the application for
enrollment is based or in which the applicant is enrolled; and

(c) Who can show the necessity for financial assistance in order to
continue the applicant’s education.

(3) “Qualified school” means a school within this state which is a:

(a) Four-year, nonprofit, generally accredited institution of
higher education;

(b) Accredited public or private community college or education
center, or one recognized by a state educational agency;

(c) Career school that is approved by the Superintendent of Public
Instruction;

(d) Medical or dental program offered by the Oregon Health and
Science University;

(e) Veterinary program offered by Oregon State University; or

(f) Institution which is, in the opinion of the commission,
comparable to such institutions, colleges, centers or schools.

(4) When the commission certifies that the course is not available
within this state, a qualified school may include an institution,
college, center or school not located in this state. [1965 c.532 §1; 1977
c.762 §6; 1981 c.324 §2; 1995 c.343 §33; 1999 c.704 §9](1) Upon approval of the loan application of an
eligible student by the Oregon Student Assistance Commission, the
Department of State Lands may loan an amount from the Common School Fund
to the student in compliance with ORS 348.040 to 348.070. The loan shall
be evidenced by a written obligation but no additional security shall be
required. Notwithstanding any provision in this section, the department
may require cosigners on the loans.

(2) Loans granted under ORS 348.040 to 348.070 to eligible students
by the department shall:

(a) Not exceed $1,000 in a single academic year to an undergraduate
student.

(b) Not exceed $4,000 in a single academic year to a graduate or
professional student.

(c) Not exceed $16,000 for all loans made to a student under ORS
348.040 to 348.070.

(3) Payment of interest shall be as follows:

(a) Medical and dental student borrowers at the Oregon Health and
Science University and veterinary student borrowers at Oregon State
University shall be assessed at least six percent interest per annum on
the unpaid balance from the date of the note. Interest payments by these
borrowers shall be deferred until they cease to be enrolled. During the
interest deferment period, the Oregon Student Assistance Commission shall
pay the department the negotiated rate of interest on an annual basis.
The borrower shall reimburse the Oregon Student Assistance Commission for
these interest payments as provided in subsection (4) of this section.
These borrowers shall commence direct payment of accruing interest to the
department at the time they cease to be enrolled.

(b) All other borrowers are required to pay at least seven percent
interest per annum on the unpaid balance from the date of the loan as
provided in subsection (4) of this section.

(c) The Oregon Student Assistance Commission shall pay annually to
the department a maximum of three percent per annum on the unpaid balance
of all medical, dental and veterinary student borrower loans. The rate of
this special payment may vary annually and will be negotiated by the
Oregon Student Assistance Commission and the department.

(d) The interest rates to be charged the borrower for the school
year as stated in paragraphs (a) and (b) of this subsection shall be
negotiated by the department and the Oregon Student Assistance Commission.

(4)(a) Repayment of the principal and accruing and deferred
interest on loans shall be commenced not later than 12 months after the
student’s graduation or other termination of the student’s education.

(b) Notwithstanding any other provision of this section, medical,
dental and veterinary student borrowers who enter approved post-graduate
study programs shall commence repayment of the principal and the accruing
and deferred interest on loans no later than 12 months following the
completion of the post-graduate study program or 60 months, whichever is
sooner.

(c) Repayment shall be completed in a maximum of 120 months from
the time repayment is commenced. However, nothing in this section is
intended to prevent repayment without penalty at an earlier date than
provided in this section or to prohibit the department, with the consent
of the Oregon Student Assistance Commission, from extending the repayment
period to a date other than permitted by this subsection.

(5) Notwithstanding any other provision of this section, the
department may loan an amount from the Common School Fund to a student
under guaranteed programs authorized by the Higher Education Act of 1965,
as amended, commonly known as the Guaranteed Student Loan Program and the
Parent’s Loans for Undergraduate Students Program. Neither the
limitations on amounts set forth in subsection (2) of this section nor
the subsidies authorized by subsection (3) of this section apply to such
loans. ORS 327.484 does not apply to such loans. [1965 c.532 §2; 1969
c.573 §3; 1977 c.725 §1; 1977 c.762 §7; 1981 c.324 §1; 1983 c.483 §1] To assist the Oregon
Student Assistance Commission and the Department of State Lands in
determining the qualification of schools, the Superintendent of Public
Instruction shall maintain a listing of career schools offering
professional and technical training that meets the occupational needs of
the student. [1965 c.532 §4; 1995 c.343 §34] In
addition to and not in lieu of student loans authorized pursuant to ORS
348.040 to 348.070, the Department of State Lands may make loans to
students who are Oregon residents if the loans are guaranteed by a state
agency. The terms, conditions and rates of interest of such loans may be
determined by the department so as to take advantage of any federal
statute providing for full or partial payment of interest on such loans.
[1967 c.477 §4] From funds
available therefor, the Oregon Student Assistance Commission shall
reimburse the Department of State Lands for any loss resulting from
default of a student loan under ORS 348.040 to 348.070. Funds
appropriated under ORS 348.050 to pay interest to the department on loans
to medical, dental and veterinary students shall also be available to
reimburse the department for any loss resulting from default of a student
loan under ORS 348.040 to 348.070. [1977 c.762 §10; 1987 c.130 §1] (1) As used in
this section:

(a) “Educational institution” means any post-secondary educational
institution that is approved or accredited by the Northwest Association
of Schools and Colleges, by its regional equivalent or by the appropriate
official, department or agency of the state or nation in which the
institution is located, and that is:

(A) A four-year college or university;

(B) A junior college or community college; or

(C) A technical, professional or career school.

(b) “Educational loan” means a loan or other aid or assistance for
the purpose of furthering the obligor’s education at an educational
institution.

(c) “Person” means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.

(2) Notwithstanding any other provision of law, any written
obligation made by any minor in consideration of an educational loan
received by the minor from any person shall be as valid and binding as if
the minor had, at the time of making and executing the obligation,
attained the age of majority, but only if prior to the making of the
educational loan an educational institution has certified in writing to
the person making the educational loan that the minor is enrolled, or has
been accepted for enrollment, in the educational institution.

(3) Any obligation mentioned in subsection (2) of this section may
be enforced in any action or proceeding against such person in the name
of the person and shall be valid, insofar as the issue of age is
concerned, without the consent thereto of the parent or guardian of such
person. Such person may not disaffirm the obligation because of age nor
may such person interpose in any action or proceeding arising out of the
educational loan the defense that the borrower is, or was, at the time of
making or executing the obligation, a minor.

(4) Any parent or legal guardian who did not consent to guarantee
or otherwise ensure performance of the obligation mentioned in subsection
(2) of this section shall not be liable for payment of such obligation.
[Formerly 348.805; 1977 c.725 §2; 1995 c.343 §35; 2005 c.22 §244]
(1) In addition to any other financial aid provided by law, the Oregon
Student Assistance Commission, pursuant to rule, may award loans to a
qualified resident of this state upon the resident’s acceptance and entry
into a baccalaureate or associate degree nursing program at a
post-secondary institution in Oregon. The loans may be forgiven upon
fulfillment of the requirements of subsection (4) of this section.

(2) The loans authorized by subsection (1) of this section:

(a) Shall be made based on achievement, ability, need and
motivation;

(b) Shall be made on an annual basis subject to renewal upon
satisfactory performance for the duration of the nursing program; and

(c) Shall be made in annual amounts not to exceed 50 percent of the
sum of tuition, fees and room and board for each participating student.

(3) Priority in awarding loans shall be given to:

(a) A resident employed in the health care field at the time of
application; and

(b) A resident who agrees to practice in an area where there is a
critical shortage of nurses, as determined annually by the Oregon State
Board of Nursing in consultation with the Office of Rural Health.

(4) The resident receiving a loan under this section must agree to
practice nursing at least half-time in an area described in subsection
(3)(b) of this section or in an area of specialty that is underserved for
one calendar year for each academic year for which the loan is received.
If the resident does not fulfill the practice requirement within five
years of graduation, the amount received shall be considered a loan,
repayable as provided in ORS 348.117, for each year for which the
practice requirement is not met. [1991 c.947 §16; 1993 c.765 §51; 1999
c.704 §10; 2001 c.599 §4]Note: 348.115 is repealed July 1, 2012. See section 8, chapter 599,
Oregon Laws 2001.(1) Student borrowers under ORS 348.115 shall be required to
pay at least seven percent interest per annum on the unpaid balance from
the date of the loan as provided in subsection (5) of this section.

(2) Repayment of the principal and accruing and deferred interest
on loans shall be commenced not later than 12 months after the student’s
completion of the nursing program or other termination of the student’s
education.

(3) Repayment of loans shall be deferred upon application therefor
for up to three years during which:

(a) The student borrower is enrolled as at least a half-time
student in a subsequent nursing program leading to a nursing degree
higher than that attained in the initial program; or

(b) The student borrower shows inability to locate suitable
employment.

(4) Repayment commences under the usual terms if the student
borrower ceases to be employed as a nurse in this state before completing
the practice requirements set forth in ORS 348.115 (4).

(5) Repayment shall be completed in a maximum of 120 months from
the time repayment is commenced. However, nothing in this subsection is
intended to prevent repayment without penalty at an earlier date than
provided in this subsection or to prohibit the Oregon Student Assistance
Commission from extending the repayment period to a date other than
specified by this subsection.

(6) A student who borrows under ORS 348.115 shall have 100 percent
of principal and accrued interest on loans under this section, ORS
348.115, 353.450, 442.470, 442.520, 442.550 to 442.570 and 656.256
canceled if it can be documented that, within five years of graduation:

(a) The student has completed one calendar year of full-time
employment as a nurse in the State of Oregon for each academic year in
which a loan was received; or

(b) The student has completed two calendar years of half-time
employment as a nurse in the State of Oregon for each academic year in
which a loan was received.

(7) A student who borrows under this section, ORS 348.115, 353.450,
442.470, 442.520, 442.550 to 442.570 and 656.256 and completes at least
one calendar year of the practice obligation described in subsection (6)
of this section shall have the amount of principal and accrued interest
on loans under this section, ORS 348.115, 353.450, 442.470 442.520,
442.550 to 442.570 and 656.256 canceled for each calendar year of
qualifying practice that is:

(a) For full-time practice, equal to the principal and accrued
interest on the loan borrowed for the comparable academic year of award;
or

(b) For half-time practice, equal to half of the principal and
accrued interest on the loan borrowed for the comparable academic year of
the award.

(8) Repayment of any remaining principal and interest shall be
waived upon the death or total and permanent disability of the student
Note: 348.117 is repealed July 1, 2012. See section 8, chapter 599,
Oregon Laws 2001.SCHOLARSHIPS AND GRANTSAs used in this section and ORS 348.183,
348.186, 348.230, 348.250 and 348.260:

(1) “Cost of education” includes but is not limited to, tuition,
fees and living expenses.

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

(a) A state institution under the direction of the State Board of
Higher Education;

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

(c) The Oregon Health and Science University; or

(d) An Oregon-based, generally accredited, not-for-profit
institution of higher education.

(3) “Financial need” means that the financial capacity of both the
student and the student’s family to contribute to the cost of the
student’s education is not adequate to meet the total cost of education
for any term, according to a system of need analysis approved by the
Oregon Student Assistance Commission.

(4) “Qualified student” means any resident student who plans to
attend an eligible post-secondary institution and who:

(a) Has not achieved a baccalaureate or higher degree from any
post-secondary institution;

(b) Is enrolled in an eligible program as defined by rule of the
Oregon Student Assistance Commission; and

(c) Is making satisfactory academic progress as defined by rule of
the Oregon Student Assistance Commission. [1999 c.1070 §3; 2001 c.321 §1] (1) The Legislative Assembly recognizes:

(a) That an investment in educational opportunities for all
Oregonians is an investment in a strong and stable economy and greater
personal opportunities;

(b) That the single largest barrier to attending an institution of
higher education is lack of finances;

(c) The broad and diverse range of quality post-secondary
educational services provided by Oregon’s institutions of higher
education, including Oregon’s community colleges, state institutions and
independent not-for-profit institutions of higher education; and

(d) The positive effects on Oregon’s citizens, families and economy
of encouraging talented and hardworking students to stay in Oregon to
pursue a post-secondary education.

(2) It is the intent of the Legislative Assembly to:

(a) Empower students who have achieved a Certificate of Initial
Mastery with the ability to attend an Oregon institution of higher
education; and

(b) Reward all Oregon students who have achieved a Certificate of
Initial Mastery or a comparable level of academic merit in Oregon schools
with the opportunity and the necessary funding to attend an Oregon
institution of higher education. [1999 c.1070 §2] (1) In
addition to any other form of student financial aid authorized by law,
the Oregon Student Assistance Commission shall award, to the extent funds
are made available, an Oregon Achievement Grant to any qualified student
who:

(a) Commences at least half-time study toward a degree at the
eligible post-secondary institution within three years of high school
graduation; and

(b) Has received a Certificate of Initial Mastery or, while a
resident of Oregon, has scored at or above a level on a nationally
recognized college admissions test as determined by the Oregon Student
Assistance Commission.

(2) Any qualified student receiving an Oregon Achievement Grant
under subsection (1) of this section must use the grant for the purpose
of study in an eligible program, as defined by rule of the Oregon Student
Assistance Commission, at an eligible post-secondary institution.

(3) The Oregon Student Assistance Commission may not award an
Oregon Achievement Grant to a qualified student who is enrolled in a
course of study required for and leading to a degree in theology,
divinity or religious education.

(4) Each Oregon Achievement Grant shall be renewed yearly provided
that the recipient has maintained satisfactory progress toward a first
associate or baccalaureate degree as determined by the Oregon Student
Assistance Commission.

(5) Notwithstanding subsection (4) of this section, no Oregon
Achievement Grant shall be renewed after a qualified student has reached
the number of credit hours required to graduate with a baccalaureate
degree at the institution the student is attending. [1999 c.1070 §4; 2001
c.321 §2] It is the intention of
the Legislative Assembly to establish the Oregon Opportunity Grant
program. Oregon Opportunity Grants awarded under this program shall be a
uniform percentage of the student’s financial need as determined in ORS
348.260 (1)(b). [1971 c.735 §1; 1999 c.1070 §8; 2001 c.321 §8](1) In addition to any other scholarships
provided by law, the Oregon Student Assistance Commission may award
scholarships at Eastern Oregon University to resident undergraduate
students applying for enrollment in the university or who are pursuing
courses therein. The number of students who receive scholarships under
this subsection may not exceed two and one-half percent of the number of
students who are enrolled at the university. The scholarships shall be
awarded upon the basis of a record of high intellectual standing and
deportment in the school or institution where the applicant has received
or is receiving preparatory training, the necessity for financial
assistance and other qualifications of such nature that the awarding of
scholarships will operate not only to the advantage of the applicant but
to the people of Oregon. A scholarship awarded under this subsection may
not exceed in value the amount of the tuition and other fees, including
the fees that are levied against the recipient of the scholarship by the
State Board of Higher Education at the university.

(2) The commission may award tuition and fee-exempting scholarships
to students from foreign nations who are enrolled in state institutions
of higher education. A student may not receive a scholarship under this
subsection that exceeds the amount of tuition and fees owed by the
student.

(3) The value of scholarships awarded each year under subsection
(2) of this section may not exceed in aggregate an amount equal to 10
percent of the amount of tuition and fees paid in the preceding year to
the Department of Higher Education by students enrolled in state
institutions of higher education who were not Oregon residents. [Formerly
351.120 and then 351.605; 1967 c.530 §6; 1971 c.735 §2; 1973 c.721 §1;
1997 c.11 §8; 2005 c.22 §245](1) In addition to any other financial aid provided
by law, the Oregon Student Assistance Commission may award to qualified
residents of this state scholastic grants in any eligible post-secondary
institution.

(2) A qualified applicant is one who has an achievement of high
intellectual standing and deportment in the school or institution on the
records of which the application is based, and who demonstrates, to the
satisfaction of the commission, that the applicant has superior capacity
to profit by post-high-school education.

(3) If the recipient of a grant under this section meets the
standards for renewal of that grant, the grant may be renewed, upon
application of the recipient, until the recipient has received a total of
four undergraduate years under this section or until the recipient has
completed an undergraduate course of study, whichever is less.

(4) Nothing in subsection (3) of this section shall be construed to
mean that the commission may not increase or reduce the amount of the
grant upon application for renewal.

(5) No grant shall be made to any student enrolled in a course of
study required for and leading to a degree in theology, divinity or
religious education. [Formerly 351.620; 1971 c.735 §3; 1973 c.721 §2;
1977 c.725 §3; 1989 c.845 §1; 2001 c.321 §3](1) Grants established under ORS 348.230 and 348.260 shall be
awarded by the Oregon Student Assistance Commission in the manner
provided in this section.

(2) Persons interested in obtaining a grant established under ORS
348.230 and 348.260 may apply to the commission for a grant.

(3) The commission shall screen or cause to be screened the
applications and shall determine for each available grant the person best
qualified to receive that grant. A qualified applicant is eligible to
receive a grant established under ORS 348.230 and 348.260 if:

(a) The applicant’s financial need is such that in the opinion of
the commission financial aid is warranted; and

(b) The applicant plans to be a student at the eligible
post-secondary institution where the grant is to be used.

(4) The commission shall not discriminate for or against any
applicant for a grant.

(5) Nothing in ORS 348.210 to 348.260, 348.505 to 348.615, 348.696
and 348.992 shall be construed to require any institution to admit a
grant recipient or to attempt to control or influence the policies of the
institution.

(6) Whenever funds are not available to award grants to all
qualified students, the commission shall give priority to applicants who
are or plan to be full-time students at the eligible post-secondary
institution where the grant is to be used. A student shall be considered
to be a full-time student if the combination of credit hours at more than
one eligible post-secondary institution equals full-time attendance,
according to the institution disbursing the grant funds.

(7) As used in this section, “discriminate” has the meaning given
“discrimination” in ORS 659.850. [Formerly 351.630; 1973 c.721 §3; 1977
c.725 §4; 1993 c.45 §286; 1997 c.203 §1; 1997 c.524 §4; 2001 c.321 §4](1)(a) In addition to any other form of student financial aid
authorized by law, the Oregon Student Assistance Commission may award
Oregon Opportunity Grants, to the extent funds are made available, to
qualified students who have financial need.

(b) Eligibility, financial need and the amount of an Oregon
Opportunity Grant shall be determined annually by the Oregon Student
Assistance Commission in consultation with representatives from the
educational sectors. In determining these factors, the Oregon Student
Assistance Commission shall take into consideration available state
funds, available federal funds, the cost of education at the eligible
post-secondary institutions and the family’s ability to contribute.

(c) Grant funds necessary to meet matching requirements for federal
funds under the Leveraging Educational Assistance Partnership Program and
Special Leveraging Educational Assistance Partnership Program of the
United States Department of Education may also be used to award grants to
qualified students in any eligible post-secondary institution approved by
the Oregon Student Assistance Commission.

(2) Oregon Opportunity Grants may be awarded under this section to
qualified students enrolled for any term, including summer term.

(3) If a qualified student receiving an Oregon Opportunity Grant
under this section meets the standards for renewal of the grant, the
grant may be renewed upon application until the qualified student has
received the total of four undergraduate years of study in an eligible
program as defined by the Oregon Student Assistance Commission.

(4) A qualified student who receives an Oregon Opportunity Grant
under this section must attend the institution, college or school upon
which the grant application is based unless the Oregon Student Assistance
Commission authorizes the grant to be used at a different institution,
college or school. A qualified student who receives a grant under this
section may attend more than one institution, college or school if the
grant application was based on the qualified student attending more than
one institution, college or school.

(5) No Oregon Opportunity Grant shall be made to any qualified
student enrolled in a course of study required for and leading to a
degree in theology, divinity or religious education.

(6) No Oregon Opportunity Grant awarded under this section shall
exceed 50 percent of the qualified student’s financial need as determined
by the Oregon Student Assistance Commission. [1971 c.735 §4; 1973 c.721
§4; 1977 c.725 §5; 1977 c.762 §8; 1987 c.175 §1; 1989 c.845 §2; 1993
c.820 §1; 1997 c.203 §2; 1999 c.1070 §11; 2001 c.321 §§5,6](1) In addition to any other form of student financial aid
authorized by law, the Oregon Student Assistance Commission may award
grants to qualified residents of this state who are enrolled in the
professional medical, nursing or dental programs at the Oregon Health and
Science University.

(2) A qualified applicant for a grant under this section is one who
plans to attend the Oregon Health and Science University but whose
financial capacity and that of the applicant’s family to contribute to
the educational costs are not adequate to meet such costs, as determined
by the Oregon Student Assistance Commission.

(3) Grants may be received by a student each year of attendance
depending on the continuing need of the student for such grant.

(4) No grant awarded under this section shall exceed the amount of
the difference between the award year tuition and fees assessed and the
tuition and fees assessed for that program in the academic year
1976-1977. [1977 c.762 §9; 1989 c.845 §4](1) In addition to any other
scholarships provided by law, the Oregon Student Assistance Commission
shall award scholarships in any state institution under the State Board
of Higher Education, in the Oregon Health and Science University, in any
community college operated under ORS chapter 341, or in any Oregon-based
regionally accredited independent institution, to any student applying
for enrollment or who is enrolled therein, who is:

(a) The natural, adopted or stepchild of any public safety officer
who, in line of duty, was killed or so disabled, as determined by the
Oregon Student Assistance Commission, that the income of the disabled
public safety officer is less than that earned by public safety officers
performing duties comparable to those performed at the highest rank or
grade attained by the disabled parent; or

(b) A former foster child who enrolls in an institution of higher
education as an undergraduate student not later than three years from the
date the student was removed from the care of the Department of Human
Services, the date the student graduated from high school or the date the
student received the equivalent of a high school diploma, whichever date
is earliest.

(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are former foster children
shall equal the amount of tuition and all fees levied by the institution
against the recipient of the scholarship. However, scholarships awarded
to students who attend independent institutions shall not exceed the
amount of tuition and all fees levied by the University of Oregon.

(3) If the student who is the dependent of a deceased public safety
officer continues to remain enrolled in a state institution of higher
education or a community college or an independent institution within the
State of Oregon, the student shall be entitled to renewal of the
scholarship until the student has received the equivalent of four years
of undergraduate education and four years of post-graduate education.

(4) If the student who is the dependent of a disabled public safety
officer or who is a former foster child continues to remain enrolled in a
state institution of higher education or a community college or an
independent institution within the State of Oregon, the student shall be
entitled to renewal of the scholarship until the student has received the
equivalent of four years of undergraduate education.

(5) The Oregon Student Assistance Commission may require proof of
the student’s relationship to a deceased or disabled public safety
officer described in subsection (1) of this section or proof that the
student is a former foster child.

(6) As used in this section:

(a) “Former foster child” means an individual who, for a total of
12 or more months while between the ages of 16 and 21, was a ward of the
court pursuant to ORS 419B.100 (1)(b) to (e) and in the legal custody of
the Department of Human Services for out-of-home placement.

(b) “Public safety officer” means:

(A) A firefighter or police officer as those terms are defined in
ORS 237.610.

(B) A member of the Oregon State Police. [1973 c.784 §1; 1977 c.725
§6; 1995 c.162 §70; 1997 c.515 §1; 2001 c.730 §1]

(1) Determine which students are eligible beneficiaries.

(2) Grant the appropriate scholarships under ORS 348.270.

(3) Make necessary rules for application and distribution of the
benefits available under ORS 348.270 and this section.

(4) Establish rules and procedures necessary to carry out the
provisions of ORS 348.270 and this section, including but not limited to
the usual and customary rules for analyzing financial need.

(5) In awarding scholarships pursuant to its authority under ORS
348.520, the Oregon Student Assistance Commission shall give priority to
students who are eligible for scholarships under ORS 348.270. [1973 c.784
§§2,3; 1997 c.515 §2] As used in this section and
ORS 348.283:

(1) “Armed Forces of the United States” means:

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

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

(c) The Oregon National Guard and a National Guard of any other
state or territory.

(2) “Public post-secondary institution” means:

(a) A state institution under the direction of the State Board of
Higher Education; and

(b) A community college operated under ORS chapter 341.

(3) “Veteran” means a person who served on active duty with the
Armed Forces of the United States and was discharged or released from
active duty with other than a dishonorable discharge. [2005 c.831 §8]Note: 348.282 and 348.283 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 348 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is
established within the Oregon Student Assistance Commission the Oregon
Troops to Teachers program. Through the program, the commission shall pay
for all of the resident tuition charges of a veteran imposed by a public
post-secondary institution, provided the veteran:

(a) Was discharged from the Armed Forces of the United States;

(b) Is a resident of Oregon; and

(c) Agrees to teach:

(A) In an Oregon school district or public charter school
classified as serving a high poverty area for not less than three years;
or

(B) In the area of mathematics, science or special education for
not less than four years.

(2) An award under subsection (1) of this section shall be used for
the purpose of paying resident tuition. The commission may not award
funds under subsection (1) of this section for the purpose of paying for
books, supplies, housing, food or any other costs associated with
attending a public post-secondary institution.

(3) The commission shall adopt rules necessary for the
implementation and administration of this section in consultation with
the Department of Education and the Department of Higher Education. [2005
c.831 §9]Note: See note under 348.282.The Oregon Student Assistance Commission shall apply the
interest on the amount transferred to the Oregon Student Assistance Fund
under section 4, chapter 377, Oregon Laws 1985, to provide financial aid,
as defined in ORS 348.505, to students to study barbering, hairdressing,
manicure and esthetics at eligible post-secondary schools. [1985 c.377
§3; 1987 c.31 §19; 2005 c.117 §13]Note: Legislative Counsel has substituted “Oregon Student
Assistance Fund” for “State Scholarship Commission Fund” in 348.290
pursuant to section 4, chapter 704, Oregon Laws 1999.

RURAL MEDICAL EDUCATION LOANS (1) The Oregon Student
Assistance Commission is authorized to make loans to all qualified
applicants, from the fund created in ORS 348.390 (1), to assist in
financing the cost of a program of study leading to the degree of Doctor
of Medicine or to the degree of Doctor of Osteopathic Medicine.

(2) The Oregon Student Assistance Commission shall:

(a) Develop criteria for the preparation of applications and
procedures for the submission, evaluation, priority selection and award
of loans provided for in ORS 348.310 to 348.390;

(b) Determine the number and amount of loans and loan renewals; and

(c) Adopt such rules as may be necessary to implement ORS 348.310
to 348.390. [1979 c.532 §2] (1)
A person shall be eligible for a loan under ORS 348.310 to 348.390 if the
person is:

(a) A bona fide resident of this state;

(b) Accepted for enrollment, or is a student in good standing in
the professional medical program at an accredited medical school located
in the United States or in an accredited school of osteopathic medicine;

(c) As a result of personal financial resources, unable to pursue a
program of study in the absence of a loan or would be unable to do so
without great hardship; and

(d) Desirous of practicing medicine in a rural community in this
state, and in an area which meets the qualifications of a medical
shortage area.

(2) The person desiring consideration for a loan under ORS 348.310
to 348.390 shall apply to the Oregon Student Assistance Commission.

(3) The person desiring consideration for a loan under ORS 348.310
to 348.390 shall agree in writing to practice medicine in a medical
shortage area as defined by the Director of Human Services, for a period
equal to the period covered by the loan, but no less than two years.
[1979 c.532 §4; 1987 c.660 §17] In addition to any other financial aid
provided by law, the Oregon Student Assistance Commission may grant loans
in the following amounts:

(1) Persons in their first or second year of study, or the
equivalent thereof, are eligible for an amount not to exceed $5,000 per
academic year.

(2) Persons in their third or fourth year of study, or the
equivalent thereof, are eligible for an amount not to exceed $7,500 per
academic year. [1979 c.532 §5](1) The Oregon Student Assistance Commission is further
authorized to establish and administer cost-sharing loan fund programs
which provide for assistance, in conjunction with community agencies or
organizations, selected and approved by the commission in a rural
community in the state having a population of fewer than 7,500 persons.
Participation in such a program shall be on a matching funds basis
between the Rural Medical Education Loan Fund and the approved community
agency and shall fund the educational costs, fees and charges of a
specific, eligible student, who shall be approved by the participating
community and the Oregon Student Assistance Commission.

(2) Funds provided from the Rural Medical Education Loan Fund under
subsection (1) of this section shall not exceed 75 percent of the total
amount calculated to be necessary to fund one person for one year, in an
approved school as determined by the Oregon Student Assistance Commission.

(3) The eligibility requirements for persons participating in the
program established in subsection (1) of this section shall be the same
as the requirements for eligibility in the loan program under ORS 348.320.

(4) Upon completion of the program of study and training for
licensure, the person receiving funds under this section shall not be
required to repay such funds if the person practices medicine in the
community providing the matching funds. The person shall practice
medicine one year for each year that funds were provided, but in no event
shall the person practice less than two years. [1979 c.532 §8](1) The Oregon Student Assistance
Commission is authorized to establish and administer a cost-sharing
program to train intern and residency physicians as may be arranged by
contract with an accredited training hospital within this state. The cost
sharing shall be limited to general practice internships and family
practice residencies. The commission may pay up to $18,000 to an
institution for each intern or resident position which is reserved for
training students who are planning to enter medical practice in rural
areas.

(2) Funds for programs established under subsection (1) of this
section shall be paid from the Rural Medical Education Loan Fund.

(3) No money appropriated under this section shall be used for any
program at the Oregon Health and Science University. The center shall be
required to give priority admissions to recipients under ORS 348.310 to
348.390 in its family practice residency programs. [1979 c.532 §10]Each loan granted under ORS 348.330 and
348.340 is renewable annually. The Oregon Student Assistance Commission
shall renew the loans upon application by the recipient when the
commission finds that the applicant has successfully completed the
required work for the preceding academic year and is a student in good
standing, is a resident of this state and is in a financial condition
that warrants the continuation of such aid. [1979 c.532 §6] (1)
Persons receiving funds under ORS 348.310 to 348.390 shall not be
required to repay the funds if the person practices medicine in a rural
community in this state having a population of fewer than 7,500 persons
and which meets the qualifications of a medical shortage area.

(2) The fund recipient shall practice medicine in the area
designated under subsection (1) of this section at the rate of one year
for each year the funds were provided to that recipient, but in no event
shall any recipient practice medicine in an area less than two years.

(3) Any person receiving funds under ORS 348.310 to 348.390 who
fails to complete the course of study, shall be required to repay the
amount received to the Rural Medical Education Loan Fund. Ten percent
interest shall be charged on the unpaid balance, accrued from the date
the loan was granted.

(4) Any person receiving funds under ORS 348.310 to 348.390 who
completes the course of study and requirements for licensure but fails to
fulfill the obligations required by the loan, shall repay the amount
received to the Rural Medical Education Loan Fund. Ten percent interest
shall be charged on the unpaid balance, accrued from the date the loan
was granted. Additionally, a penalty fee, equal to 25 percent of the
total amount of funds received shall be assessed against the person. No
interest shall accrue on the penalty.

(5) Any funds received by the Rural Medical Education Loan Fund
under subsections (3) to (6) of this section shall be used by the Oregon
Student Assistance Commission for the purpose of carrying out the
provisions of ORS 348.310 to 348.390.

(6) The Oregon Student Assistance Commission may waive any interest
or penalty assessed under subsections (3) to (6) of this section in case
of undue hardship. [1979 c.532 §§7,9] (1) There
is established in the State Treasury a fund, separate and distinct from
the General Fund, to be known as the Rural Medical Education Loan Fund,
which may be invested in the same manner as the Oregon Student Assistance
Fund. This fund may receive funds from state and private sources for the
purpose of making loans to student residents of this state who are
determined to be eligible to receive funds under ORS 348.310 to 348.390.
Interest earned by the fund shall be credited to the fund.

(2) All funds for and relating to loans received by the Oregon
Student Assistance Commission, including repayments, interest and
penalties, for the Rural Medical Education Loan Fund, except moneys
appropriated from the State Treasury for a specified period of time, are
continuously appropriated to the Rural Medical Education Loan Fund for
the purposes for which the fund was created. [1979 c.532 §§1,12; 1989
c.966 §31]STUDENT LOAN DEFAULT(1) The Oregon Student Assistance Commission may declare that
a person is in default in repayment on a student loan guaranteed or
insured by the Oregon Student Assistance Commission if the person is not
paying in a satisfactory manner according to the repayment requirements
of the United States Department of Education.

(2) The Oregon Student Assistance Commission shall notify any state
agency, board or commission, including the Oregon State Bar, that has the
power to issue and renew any license, certification or registration
necessary to practice any profession or engage in any trade or calling
that a person is in default in repayment of a student loan as determined
under subsection (1) of this section if the commission has established a
process for conducting database matches and notification procedures with
the entity under ORS 348.395.

(3) Any entity notified under subsection (2) of this section shall
not issue or renew or shall suspend a certificate or license or shall
place the person on probation. Once so notified, no further
administrative review or contested case proceeding within or by the
issuing entity is required. [1995 c.179 §2]The Oregon Student Assistance Commission shall
identify which entities referred to in ORS 348.393 it is feasible to
enter into an agreement with to design and implement a process for
conducting database matches and notification procedures for the purpose
of complying with ORS 348.393. Any entity so identified by the commission
shall enter into an agreement with the commission. [1995 c.179 §4](1) Upon purchase of a default claim loan from the lender, the
Oregon Student Assistance Commission shall notify the defaulted student
loan borrower in writing that failure to pay satisfactorily as determined
under ORS 348.393 (1) may result in a refusal to issue or renew, a
suspension or a placement on probation by any entity referred to in ORS
348.393. The notice shall provide the defaulted student loan borrower
with an administrative process to challenge the default status of any
loan and an opportunity to object to the collection of the debt according
to the provisions of 34 C.F.R. 30.20 to 30.33 and 34 C.F.R. 682.410.

(2) If, after the initial notification, the borrower fails to enter
into a repayment plan and repay satisfactorily, the Oregon Student
Assistance Commission shall inform the borrower in writing on a regular
basis for no less than 180 days of the consequences of failing to repay a
student loan. The final notification letter shall allow the borrower 30
additional days to perform by paying or curing the amount delinquent,
paying the balance in full or submitting an acceptable repayment plan to
the commission through a debt consolidating agency registered pursuant to
ORS 697.602 to 697.842 to avoid being reported to any entity referred to
in ORS 348.393. If the borrower has not performed by the end of the final
30-day period, the Oregon Student Assistance Commission shall notify
those entities with whom it has established a process for conducting
database matches and notification procedures under ORS 348.395 that the
person is in default in repayment and is not paying in a satisfactory
manner as determined under ORS 348.393 (1). [1995 c.179 §5; 1997 c.174 §1]The Oregon Student
Assistance Commission shall promptly notify any entity referred to in ORS
348.393 when a formerly reported student loan borrower is no longer in
default status due to repayment in full, loan rehabilitation or some
other action that discharges the borrower of responsibility for repayment
or when the borrower achieves satisfactory repayment status as determined
under ORS 348.397 (2). The issuing entity shall issue or reinstate the
certificate or license of the student loan borrower within 30 days
contingent upon the requirements of the entity. [1995 c.179 §7; 1997
c.174 §2]VOLUNTEERS IN SERVICE TO OREGON VOUCHERS As used in ORS
348.405 to 348.425:

(1) “Commission” means the Oregon Student Assistance Commission.

(2) “Eligible institution” means any educational institution in
Oregon certified as an eligible institution for student aid programs
under Title IV, Part B, of the Higher Education Act of 1965 as amended,
but only for undergraduate programs.

(3) “Eligible voucher recipient” means any Oregon resident who:

(a) Is 14 to 19 years of age, inclusive;

(b) Completes community service work in human interaction
activities within a nonprofit social service agency whose nonprofit
status is verified; and

(c) Is enrolled in or plans to enroll in an eligible institution.

(4) “Human interaction activities” means activities of social
service agencies similar to, but not limited to, the provision of
literacy education, family or parenting counseling, peer arbitration,
victim advocacy, emergency hotline services, tutoring and mentoring, and
assistance in Head Start programs with emphasis on programs aimed at
drug-free teenagers.

(5) “VISTO” means Volunteers in Service to Oregon. [1989 c.227 §2;
1993 c.322 §1; 1999 c.704 §11] To
encourage community service volunteerism among Oregon’s youth 14 to 19
years of age inclusive, there is established a post-secondary education
voucher program within the Oregon Student Assistance Commission that
shall be known as Volunteers in Service to Oregon. [1989 c.227 §1; 1993
c.322 §2; 1999 c.704 §12](1) In
addition to any other student assistance provided by law, the Oregon
Student Assistance Commission shall award vouchers to eligible students
participating in the VISTO program.

(2) The total of all vouchers earned by a VISTO volunteer under
this section in any calendar year shall not exceed the amount equal to
the average tuition and all fees charged annually by institutions under
the State Board of Higher Education.

(3) Vouchers shall be provided in $30 denominations and shall be
awarded to a VISTO volunteer for each eight hours of eligible volunteer
service.

(4) Any voucher awarded under the VISTO program shall expire on the
24th anniversary of the birthdate of the volunteer.

(5) The Oregon Student Assistance Commission shall:

(a) Provide vouchers to eligible community service organizations.

(b) Determine which community service organization and service
within the programs of such organization are eligible for participation
in the VISTO program.

(c) Determine which volunteers are eligible.

(d) Provide payment for vouchers presented by VISTO volunteers at
eligible institutions.

(e) Establish procedures necessary to carry out the provisions of
ORS 348.405 to 348.425.

(f) Adopt necessary rules for the program established by ORS
348.405 to 348.425.

(6) The funds received in redemption of the vouchers granted
pursuant to ORS 348.405 to 348.425 shall not be considered personal
income for the purposes of ORS 316.037.

(7) The vouchers authorized by ORS 348.405 to 348.425 shall first
become available when funds are available therefor from sources other
than the General Fund, as determined by the Oregon Student Assistance
Commission. [1989 c.227 §§3,4,8; 1993 c.322 §3](1) There is established in the State Treasury, separate
and distinct from the General Fund, a fund to be known as the VISTO Fund
which may be invested in the same manner as the Oregon Student Assistance
Fund. The fund shall receive moneys from federal, state or private
sources for the purpose of providing payments for redemption of VISTO
vouchers, the administration of the VISTO program and grants made under
ORS 348.260. The fund, including the interest earning thereon, if any, is
continuously appropriated to the Oregon Student Assistance Commission for
those purposes for which such funds were provided to, received or
collected by the commission.

(2) No more than five percent of the funds available under
subsection (1) of this section shall be used by the state for the
administrative expenditures of the program established by ORS 348.405 to
348.425. Administrative expenditures do not include premiums paid for
workers’ compensation benefits.

(3) A county may use an amount not to exceed four percent of its
allocation to meet its expenses in administering the program.

(4) The first priority of funds available under the program
authorized by ORS 348.405 to 348.425 shall be for redemption of VISTO
vouchers and the administration of the VISTO program. After meeting the
demands for expenditures and fund reserves, excess funds may be used to
supplement grants made under ORS 348.260. [1989 c.227 §§5, 7, 9; 1993
c.322 §4] The Oregon Student Assistance Commission shall
report to the Legislative Assembly biennially on the progress of the
VISTO program by submitting a report to the President of the Senate and
the Speaker of the House of Representatives who shall refer the report to
the appropriate substantive interim or standing committee. [1989 c.227 §6]COMMUNITY SERVICE VOUCHER PROGRAM
(1) To encourage community service participation among students in
institutions of higher education, there is established a higher education
community service voucher program within the Oregon Student Assistance
Commission. The commission shall allocate the amount available to it for
the purposes under ORS 348.427 to 348.436 by awarding the institution’s
share of the amount to each institution of higher education in this state
that is eligible for or whose students are eligible for financial aid
under Title IV, Part B, of the Higher Education Act of 1965 as amended.
The institution’s share shall be based on the proportion of its
enrollment of full-time students to the enrollment of full-time students
in all institutions of higher education in this state.

(2) An institution of higher education in this state that receives
an amount under subsection (1) of this section shall award amounts from
the institution’s share to various academic departments in the
institution. Vouchers awarded to eligible voucher recipients shall be in
$35 denominations for each eight hours of eligible community service.
Priority shall be given to otherwise eligible applicants who have applied
previously but not been awarded a place in the voucher program.

(3) In order to be eligible, a voucher recipient must perform
approved services for at least 20 hours per week in one term for a state
or local government entity or a nonprofit social service agency
recognized as tax-exempt under section 501(c)(3) of the Internal Revenue
Code of 1986. However, a voucher recipient shall not be assigned duties
that are performed by a public employee if the assignment would displace
the public employee. A voucher recipient may be assigned within the
institution to assist in maintaining the program authorized by ORS
348.427 to 348.436.

(4) A voucher recipient is eligible for the voucher awards for only
one term as an undergraduate student. In addition to the vouchers, the
recipient shall receive graded academic credit to be determined by the
institution. However, participation in the program does not replace any
practicum or internship required for a degree. [1993 c.765 §40; 1999
c.704 §13](1) In addition
to any other student assistance provided by the law, the Oregon Student
Assistance Commission shall award vouchers to eligible students
participating in the program.

(2) The total of all vouchers earned by a student under this
section in one term shall not exceed an amount equal to the average
tuition and associated fees charged annually to full-time resident
undergraduate students by institutions under the jurisdiction of the
State Board of Higher Education.

(3) Vouchers shall be provided in $35 denominations for each eight
hours of eligible community service.

(4) The commission shall:

(a) Determine and approve which community service organizations and
services within the programs of such organizations are eligible for
participation in the program.

(b) Accept the students that the institutions consider eligible for
vouchers under ORS 348.427 to 348.436.

(c) Provide payment for vouchers presented by the program students
at eligible institutions.

(d) Establish procedures necessary to carry out the provisions of
ORS 348.427 to 348.436, including adopting necessary rules.

(5) Funds received in redemption of the vouchers granted pursuant
to ORS 348.427 to 348.436 shall not be considered personal income for the
purposes of ORS 316.037.

(6) The vouchers authorized by ORS 348.427 to 348.436 shall first
become available when funds are available therefor from sources other
than the General Fund, as determined by the commission. [1993 c.765 §41] Each institution of higher education
participating in this program shall develop a tracking system for the
program authorized under ORS 348.427 to 348.436. The tracking system
shall include, but not be limited to:

(1) The number of eligible students participating in the program;

(2) The number of students applying for participation in the
program;

(3) The community service organizations and governmental agencies
participating in the program; and

(4) The amount of funds allocated to each academic area under the
program. [1993 c.765 §42(1)] (1) No more than
five percent of the funds available for purposes of ORS 348.427 to
348.436 shall be used by the state for the administrative expenditures of
the program. Administrative expenditures do not include premiums paid for
workers’ compensation benefits.

(2) An institution of higher education may use an amount not to
exceed four percent of the funds available under ORS 348.427 to 348.436
to meet its expenses in administering the program. [1993 c.765 §43] There is established in the
State Treasury a fund, separate and distinct from the General Fund, to be
known as the Community Service Voucher Fund, which may be invested in the
same manner as the Oregon Student Assistance Fund. This fund may receive
moneys from federal, state or private sources for the purpose of
providing payment for the redemption of vouchers authorized by ORS
348.427 to 348.436 and for the administration of the community service
voucher program. This fund, including the interest earnings thereon, if
any, is continuously appropriated to the Oregon Student Assistance
Commission for those purposes for which such funds were provided to or
received or collected by the commission. [1999 c.243 §2]COOPERATION BETWEEN OREGON UNIVERSITY SYSTEM AND COMMUNITY COLLEGESThe Legislative Assembly finds and
declares that:

(1) It is the policy of this state to encourage cooperation between
the Oregon University System and community colleges on issues affecting
students who transfer between the two segments; and

(2) All unnecessary obstacles that restrict student transfer
opportunities between the two segments shall be eliminated. [1987 c.375
§1]OREGON STUDENT ASSISTANCE COMMISSION

(Administration) As used in ORS
348.393 to 348.399 and 348.505 to 348.695:

(1) “Commission” means the Oregon Student Assistance Commission.

(2) “Financial aid” includes loans, grants, scholarships, work
opportunities and other forms of financial aid to assist students in
completing their post-high-school education. [1967 c.430 §2; 1997 c.652
§33; 1999 c.704 §14](1) There is created an Oregon Student
Assistance Commission consisting of seven members, appointed by the
Governor.

(2) The term of office of a member of the commission is four years,
except that the term for a student member shall be two years, and, after
confirmation of the appointment by the Senate, the member shall serve at
the pleasure of the Governor. Before the expiration of the term of a
member, the Governor shall appoint a successor to succeed the member
whose term is expiring. A successor appointed for a full term shall
assume commission member duties on July 1 following the appointment. A
member is eligible for reappointment. A student member is limited to
reappointment to one two-year term. In case of a vacancy on the
commission for any cause, except where the vacancy is caused by the
normal expiration of a member’s term, the Governor shall make an
appointment to become immediately effective for the unexpired term.

(3) The appointment of a member of the commission is subject to
confirmation by the Senate in the manner provided in ORS 171.562 and
171.565.

(4) Two members of the commission shall be students at institutions
of higher education or community colleges in Oregon at the time of
appointment, with the duly organized and recognized entities of student
government at each institution of higher education or community college
submitting the name of one student to the Governor to assist the Governor
in making the appointments. Other members of the commission shall be
citizens of the state chosen for their knowledge of and interest in
education, but these other members shall not be persons employed by any
institution of higher education or community college located in the
state. [Formerly 351.635; 1967 c.430 §3; 1969 c.695 §5; 1975 c.151 §1;
1977 c.725 §7; 1985 c.565 §61; 1995 c.120 §1; 1999 c.704 §1] The Oregon Student Assistance Commission shall:

(1) Make available to qualified persons financial aid from
financial sources available to the commission.

(2) Determine qualifications of persons to receive financial aid.

(3) Maintain reports and records on persons applying for and
receiving financial aid from the commission.

(4) Withhold any financial aid if the recipient thereof fails to
maintain the standards established for receipt of that aid.

(5) Recommend to the Legislative Assembly not less than once every
biennium matters relating to the establishment, administration,
modification, transfer, reduction or cancellation of financial aid.

(6) Encourage the establishment of financial aid programs by
private agencies.

(7) Collect and disseminate information pertaining to all types of
available financial aid.

(8) Review the administrative practices and evaluate the
effectiveness of all public and private post-secondary financial aid
programs in Oregon.

(9) Disburse state appropriations for financial aid in such a
manner as to maximize its role in cooperative coordination of financial
aid programs. [Formerly 351.640; 1967 c.430 §4; 1973 c.815 §4; 1997 c.652
§34] The Oregon Student Assistance
Commission may:

(1) Negotiate for and contract with private and governmental
agencies for the establishment of financial aid programs.

(2) Receive gifts of any type, including gifts of stock and real
property, for the purpose of establishing, continuing and increasing
financial aid.

(3) Administer any form of financial aid submitted to and accepted
for administration by the commission.

(4) Authorize payment from funds appropriated therefor, of costs,
commissions, attorney fees and other reasonable expenses, including
refund of overpayment of fees, which are related to and necessary for
making and protecting guaranteed loans and recovering moneys and loans
and management of property acquired in connection with such loans.

(5) Sue and be sued.

(6) Pursuant to ORS chapter 183, adopt such rules as may be
necessary to carry out the provisions of ORS 348.040 to 348.280, 348.393
to 348.399, 348.505 to 348.695 and 348.992.

(7) Cooperatively coordinate all types of financial aid activities.

(8) Establish a State of Oregon scholar program to recognize
students with outstanding academic achievement and other demonstrated
attributes. The students will not necessarily receive financial aid.

(9) Guarantee loans by eligible lending institutions to students
who are enrolled or accepted for enrollment at any eligible institution
and parents of those students, under the provisions of the Higher
Education Act of 1965 as amended.

(10) Deny financial aid to any student owing a refund or in default
on financial aid previously made available to that student.

(11) Establish and implement any program permitted under federal
law to guaranty agencies, including administrative garnishment and wage
withholding under Public Law 102-164, section 605. [Formerly 351.645;
1967 c.430 §5; 1973 c.721 §5; 1977 c.725 §9; 1981 c.209 §1; 1987 c.48 §1;
1995 c.179 §8; 1997 c.652 §35; 2003 c.360 §1]Note: The amendments to 348.530 by section 2, chapter 360, Oregon
Laws 2003, become operative June 30, 2009, and apply to loans that are
disbursed on or after June 30, 2009. See sections 3 and 7, chapter 360,
Oregon Laws 2003. The text that is operative on and after June 30, 2009,
is set forth for the user’s convenience.

(1) Negotiate for and contract with private and governmental
agencies for the establishment of financial aid programs.

(2) Receive gifts of any type, including gifts of stock and real
property, for the purpose of establishing, continuing and increasing
financial aid.

(3) Administer any form of financial aid submitted to and accepted
for administration by the commission.

(4) Authorize payment from funds appropriated therefor, of costs,
commissions, attorney fees and other reasonable expenses, including
refund of overpayment of fees, which are related to and necessary for
making and protecting guaranteed loans and recovering moneys and loans
and management of property acquired in connection with such loans.

(5) Sue and be sued.

(6) Pursuant to ORS chapter 183, adopt such rules as may be
necessary to carry out the provisions of ORS 348.040 to 348.280, 348.393
to 348.399, 348.505 to 348.695 and 348.992.

(7) Cooperatively coordinate all types of financial aid activities.

(8) Establish a State of Oregon scholar program to recognize
students with outstanding academic achievement and other demonstrated
attributes. The students will not necessarily receive financial aid.

(9) Guarantee loans by eligible lending institutions to student
residents of the State of Oregon who are enrolled or accepted for
enrollment at any eligible institution, nonresident students enrolled or
accepted for enrollment in an institution of higher education or
community college in Oregon, and parents of those students, under the
provisions of the Higher Education Act of 1965 as amended.

(10) Deny financial aid to any student owing a refund or in default
on financial aid previously made available to that student.

(11) Establish and implement any program permitted under federal
law to guaranty agencies, including administrative garnishment and wage
withholding under Public Law 102-164, section 605.Note: Section 8, chapter 360, Oregon Laws 2003, provides:

Sec. 8. Prior to February 15, 2005, the Oregon Student Assistance
Commission shall report to the Seventy-third Legislative Assembly, and
prior to February 15, 2007, the commission shall report to the
Seventy-fourth Legislative Assembly, on the implementation of ORS 348.530
and 348.570 as amended by sections 1 and 4 of this 2003 Act. Each report
shall:

(1) Specify the actual revenue and fiscal impacts of guarantying
loans to nonresident students who attend eligible post-secondary
institutions not located in Oregon; and

(2) Include an evaluation of the effect of the implementation of
ORS 348.530 and 348.570 as amended by sections 1 and 4 of this 2003 Act
on the commission’s ability to serve resident students who attend
eligible post-secondary institutions in Oregon. [2003 c.360 §8] (1) The Oregon
Student Assistance Commission shall select one of its members as
chairperson, and another as vice chairperson, for such terms and with
such powers and duties necessary for the performance of the functions of
such offices as the commission shall determine.

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

(3) The commission shall meet at the call of the chairperson or of
a majority of the members of the commission. [Formerly 351.650] A member
of the Oregon Student Assistance Commission is entitled to compensation
and expenses as provided in ORS 292.495. [Formerly 351.655; 1969 c.314
§24] Subject to any applicable provisions
of the State Personnel Relations Law, the Oregon Student Assistance
Commission may employ and fix the compensation of any employees it deems
necessary for the effective conduct of the work under its charge. The
commission may also arrange with the Oregon University System for use of
staff and office space under the jurisdiction of the Oregon University
System. [Formerly 351.660]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Oregon Student Assistance
Commission may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the commission; or

(b) Provides services or seeks to provide services to the
commission as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to facilities where
students reside or to persons under 18 years of age, elderly persons or
persons with disabilities;

(b) In which the person is providing information technology
services and has control over, or access to, information technology
systems that would allow the person to harm the information technology
systems or the information contained in the systems;

(c) In which the person has access to information, the disclosure
of which is prohibited by state or federal laws, rules or regulations or
information that is defined as confidential under state or federal laws,
rules or regulations; or

(d) That has payroll functions or in which the person has
responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to
property held in trust or to private property in the temporary custody of
the state. [2005 c.730 §70]Note: 348.563 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 348 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) There is established in the
State Treasury a fund, separate and distinct from the General Fund, to be
known as the Oregon Student Assistance Fund for investment as provided by
ORS 293.701 to 293.820 and for the payment of the expenses of the Oregon
Student Assistance Commission in carrying out the purposes of ORS 348.210
to 348.250, 348.505 to 348.615, 348.696 and 348.992. Interest earned by
the fund shall be credited to the fund.

(2) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Student Loan Guarantee
Fund, which may be invested in the same manner as the Oregon Student
Assistance Fund. This fund shall receive funds from federal, state or
private sources for the purpose of guarantying payment of loans made by
eligible lending institutions to students who are enrolled or accepted
for enrollment at any eligible institution and parents of those students,
under the provisions of the Higher Education Act of 1965 as amended and
for administrative expenses of guarantying loans. This fund, including
the interest earnings on the fund, if any, is continuously appropriated
to the commission for those purposes for which such funds were provided
to, received or collected by the commission.

(3) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Alternative Student
Loan Program Fund for investment as provided by ORS 293.701 to 293.820
and for the payment of expenses of the commission in carrying out the
purposes of ORS 348.625 to 348.695. This fund, including the interest
earnings on the fund, if any, is continuously appropriated to the
commission for those purposes for which such funds were provided to,
received or collected by the commission.

(4)(a) There is established in the General Fund an account to be
known as the Nursing Services Account. Funds in the account shall be used
for the payment of expenses of the Nursing Services Program created in
ORS 442.540.

(b) The account shall consist of:

(A) Funds appropriated to the Oregon Student Assistance Commission
for deposit into the account;

(B) Collections and penalties received by the commission under ORS
442.545; and

(C) Any donations or grants received by the commission for purposes
of the Nursing Services Program.

(c) Any funds in the account that are not expended in any biennium
shall be retained in the account and may be expended in the next biennium.

(5) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Former Foster Youth
Scholarship Fund. Moneys received from appropriations, donations and
grants shall be credited to the fund. Moneys in the fund are continuously
appropriated to the Oregon Student Assistance Commission for the purposes
of investment, as provided by ORS 293.701 to 293.820, and for carrying
out the provisions of ORS 348.270 (1)(b). Interest earned by the fund
shall be credited to the fund. [Formerly 351.665; 1967 c.335 §41; 1967
c.430 §§6, 7; 1969 c.573 §4; 1975 c.520 §5; 1977 c.725 §10; 1981 c.209
§2; 1983 c.639 §1; 1987 c.48 §2; 1987 c.842 §18; 1989 c.966 §32; 1997
c.524 §5; 1999 c.704 §3; 2001 c.599 §6; 2001 c.730 §2; 2003 c.360 §4]Note: The amendments to 348.570 by section 5, chapter 360, Oregon
Laws 2003, become operative June 30, 2009, and apply to loans that are
disbursed on or after June 30, 2009. See sections 6 and 7, chapter 360,
Oregon Laws 2003. The text that is operative on and after June 30, 2009,
is set forth for the user’s convenience.

348.570. (1) There is established in the State Treasury a fund,
separate and distinct from the General Fund, to be known as the Oregon
Student Assistance Fund for investment as provided by ORS 293.701 to
293.820 and for the payment of the expenses of the Oregon Student
Assistance Commission in carrying out the purposes of ORS 348.210 to
348.250, 348.505 to 348.615, 348.696 and 348.992. Interest earned by the
fund shall be credited to the fund.

(2) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Student Loan Guarantee
Fund, which may be invested in the same manner as the Oregon Student
Assistance Fund. This fund shall receive funds from federal, state or
private sources for the purpose of guarantying payment of loans made by
eligible lending institutions to student residents of the State of Oregon
who are enrolled or accepted for enrollment at any eligible institution,
nonresident students enrolled or accepted for enrollment in an
institution of higher education or community college in Oregon, and
parents of those students, under the provisions of the Higher Education
Act of 1965 as amended and for administrative expenses of guarantying
loans. This fund, including the interest earnings on the fund, if any, is
continuously appropriated to the commission for those purposes for which
such funds were provided to, received or collected by the commission.

(3) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Alternative Student
Loan Program Fund for investment as provided by ORS 293.701 to 293.820
and for the payment of expenses of the commission in carrying out the
purposes of ORS 348.625 to 348.695. This fund, including the interest
earnings on the fund, if any, is continuously appropriated to the
commission for those purposes for which such funds were provided to,
received or collected by the commission.

(4)(a) There is established in the General Fund an account to be
known as the Nursing Services Account. Funds in the account shall be used
for the payment of expenses of the Nursing Services Program created in
ORS 442.540.

(b) The account shall consist of:

(A) Funds appropriated to the Oregon Student Assistance Commission
for deposit into the account;

(B) Collections and penalties received by the commission under ORS
442.545; and

(C) Any donations or grants received by the commission for purposes
of the Nursing Services Program.

(c) Any funds in the account that are not expended in any biennium
shall be retained in the account and may be expended in the next biennium.

(5) There is established in the State Treasury a fund, separate and
distinct from the General Fund, to be known as the Former Foster Youth
Scholarship Fund. Moneys received from appropriations, donations and
grants shall be credited to the fund. Moneys in the fund are continuously
appropriated to the Oregon Student Assistance Commission for the purposes
of investment, as provided by ORS 293.701 to 293.820, and for carrying
out the provisions of ORS 348.270 (1)(b). Interest earned by the fund
shall be credited to the fund.Note: See second note under 348.530. The amount of any loan
payments that are paid after the Oregon Student Assistance Commission has
disbursed funds from any guaranty funds under its jurisdiction to
reimburse a lending institution which the lendee has failed to repay on
time shall be credited to the guaranty funds or the Student Loan
Guarantee Fund, from which the reimbursement was made. [1969 c.573 §2;
1983 c.639 §2; 1985 c.565 §62] (1) Subject to the
terms of the governing instruments and applicable law, the Oregon Student
Assistance Commission may enter into agreements with one or more
community foundations in Oregon to assume the management of the privately
funded student aid programs of the commission. The commission may
transfer to the community foundation any or all gifts or scholarship
grants received by the commission from any private donor.

(2) All gifts or scholarship grant funds received by the commission
that are not transferred to community foundations pursuant to subsection
(1) of this section shall be placed in the hands of the State Treasurer,
who is designated as the custodian thereof and who may hold, in the
manner provided by law, the principal and interest on the gifts and
grants. Funds may be withdrawn periodically by the commission to provide
for administrative expenditures and make payments upon scholarships
awarded by the commission.

(3) As used in this section, “community foundation” means an
organization that is:

(a) A community trust or foundation within the meaning of section
170 of the Internal Revenue Code of 1986 and section 1.170A-9(e)(10) of
the Treasury Regulations thereunder;

(b) Exempt from federal income tax under section 501(c)(3) of the
Internal Revenue Code of 1986; and

(c) Not a private foundation within the meaning of section 509 of
the Internal Revenue Code of 1986. [Formerly 351.670; 1967 c.335 §42;
1987 c.394 §6; 1993 c.258 §1; 1995 c.12 §5; 1997 c.524 §1] All funds for
and relating to student aid programs received by the Oregon Student
Assistance Commission pursuant to federal grant or from any other source,
except moneys appropriated from the State Treasury for a specified period
of time, hereby are continuously appropriated to the commission for the
purposes for which such funds were provided and received by the
commission. [Formerly 351.672; 1987 c.394 §7] (1) The Oregon Student
Assistance Commission may obtain loan cancellation insurance for any
person holding a loan under this section and ORS 348.505 to 348.530 and
348.570.

(2) Such insurance shall insure the life of the student who borrows
under this section and ORS 348.505 to 348.530 and 348.570 for the amount
of the principal and interest due on the loan and the State of Oregon
shall be named as the beneficiary. If the borrower dies before repaying
the loan, the insurance shall be used to pay the balance of the loan and
the commission shall issue a satisfaction of the obligation.

(3) The Oregon Department of Administrative Services shall procure
bids for the purchasing of insurance in compliance with the laws
governing the purchase and furnishing of services to state agencies.
[Formerly 348.620]Note: 348.592 was added to and made a part of 348.505 to 348.695 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(Degrees) As used
in ORS 348.594 to 348.615, “school” means a person, organization, school
or institution of learning that confers or offers to confer an academic
degree upon a person or to provide academic credit applicable to a
degree. [1997 c.652 §8; 1999 c.59 §93; 2005 c.546 §8] It is the purpose of ORS
348.594 to 348.615 to provide for the protection of the citizens of
Oregon and their post-secondary schools by ensuring the quality of higher
education and preserving the integrity of an academic degree as a public
credential. [1997 c.652 §9; 1999 c.59 §94]

(1) An Oregon community college;

(2) A state institution of higher education within the Oregon
University System;

(3) The Oregon Health and Science University;

(4) A school that, on the date preceding July 15, 2005, was a
school described in ORS 348.594 (2)(d); or

(5) A school that is exempt from ORS 348.594 to 348.615 under ORS
348.604. [2005 c.546 §1]Note: 348.597, 348.604, 348.605, 348.607 and 348.608 were enacted
into law by the Legislative Assembly but were not added to or made a part
of ORS chapter 348 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation. The Office of Degree
Authorization is created within the Oregon Student Assistance Commission.
The commission shall appoint an administrator of the office. [1997 c.652
§7; 1999 c.704 §15] The Office of
Degree Authorization Account is established separate and distinct from
the General Fund. All moneys received by the office, other than
appropriations from the General Fund, shall be deposited into the account
and are continuously appropriated to the Oregon Student Assistance
Commission to carry out the duties, functions and powers of the office.
[2003 c.674 §5](1) The Oregon Student Assistance Commission, through the
Office of Degree Authorization, shall:

(a) Authorize approved schools to offer academic degree programs;

(b) Authorize approved degree-granting schools to offer nondegree
programs leading to a certificate or diploma;

(c) Validate claims of degree possession;

(d) Terminate substandard or fraudulent degree activities; and

(e) Review proposed new publicly funded post-secondary programs and
locations.

(2)(a) Following review of a proposed new publicly funded
post-secondary program or location, the commission shall recommend
resolution to the appropriate governing boards and mediate between the
boards to seek a negotiated resolution if:

(A) There is a detrimental duplication of programs; or

(B) The program or location would have a significantly adverse
impact on one or more other segments of education.

(b) If the boards do not resolve the issue raised under paragraph
(a) of this subsection within 90 days of the date when the issue was
recommended to the boards for mediation, the commission shall have final
authority for approval or disapproval of the program or location. If the
boards do not resolve the issue, the commission shall approve or
disapprove the program or location within 180 days of the date when the
review began.

(c) If the boards do not resolve the issue, the commission shall
approve the program or location if the commission finds that the program
or location meets an unmet workforce need in the state.

(d) The commission shall establish by rule a fair and neutral
decision-making process in consultation with representatives designated
by the State Board of Education, the State Board of Higher Education,
associations representing Oregon independent colleges, associations
representing Oregon career colleges, and the governing boards of
otherwise unrepresented post-secondary schools.

(3) The commission, by rule, may impose a fee on any school or
person requesting information from the commission. The amount of the fee
shall be established to recover designated expenses incurred by the
commission in carrying out the administration of ORS 348.594 to 348.615.
Any fees collected under this subsection shall be deposited in the Office
of Degree Authorization Account established under ORS 348.601. [1997
c.652 §10; 2001 c.454 §2; 2003 c.674 §1] Upon application
from a school, as defined in ORS 348.594, the Oregon Student Assistance
Commission, through the Office of Degree Authorization, shall grant an
exemption from ORS 348.594 to 348.615 to the school if the school:

(1) Is, or is operated by, a nonprofit corporation;

(2) Offers only associate, bachelor’s or master’s degrees with
titles in theology or religious occupations, or, if the school also
offers doctoral degrees, offers doctoral degrees in theology or religious
occupations that have been approved by a federally recognized accrediting
organization;

(3) Teaches students with faculty members who:

(a) Hold degrees:

(A) From a school that, at the time of the conferral of the
degrees, was accredited by a federally recognized accrediting
organization, held an exemption under this section, or was a school
described in ORS 348.594 (2)(d) on the date preceding July 15, 2005;

(B) That are at least one level above the degree level of the
program in which the faculty members teach or that are the terminal
degrees in the field in which the faculty members teach; and

(C) That are not honorary degrees; or

(b) Possess sufficient compensatory qualifications to substitute
for academic degrees in the fields in which the faculty members teach;

(4) Offers a curriculum:

(a) Of a duration and level that is comparable to the curriculums
offered by schools that are not exempt under this section; and

(b) That, with higher degrees, increases the difficulty of the work
expected of students;

(5) Requires students to complete academic assignments and to
demonstrate learning appropriate to the curriculum;

(6) Awards credit toward degrees proportionate to the work done by
students;

(7) Offers admission:

(a) To a student:

(A) With a high school diploma or an equivalent credential; or

(B) Who completed the equivalent of a high school education through
home study; and

(b) Based on evidence that the student can reasonably expect to
complete a degree and benefit from the education offered;

(8) Provides or arranges for faculty members and students to have
access to information that supports instruction and stimulates research
or independent study in all areas of the curriculum;

(9) Provides accurate and appropriate credit transcripts to
students of the school and accurate and appropriate diplomas to graduates
of the school;

(10) Charges tuition by the credit hour or other fixed rate for
instruction during an academic term and does not charge tuition or fees
for the award of a degree or charge a single fee for an entire degree
program;

(11) Provides the oversight required by the commission through the
office over a faculty member or administrator who has:

(a) Been convicted of a felony; or

(b) Violated a state or federal law related to the operation of a
school;

(12) Provides facilities that permit private communication between
faculty members and students;

(13) Provides a number of faculty members that is adequate for the
number of students enrolled;

(14) Provides clear and accurate information to students about the
school’s expectations of students in the school’s courses;

(15) Ensures that a student who is pursuing a degree is making
continuous progress toward the degree;

(16) Before a student enrolls in the school, informs the student
that a school to which the student might transfer retains the discretion
whether to accept the transfer of credits earned at the school;

(17) Provides official transcripts of faculty members to the
office; and

(18) Pays the fee imposed by ORS 348.607. [2005 c.546 §2]Note: See note under 348.597. (1) A school
that obtains an exemption under ORS 348.604 or that, on the date
preceding July 15, 2005, was a school described in ORS 348.594 (2)(d) may
not:

(a) Award more than 25 percent of the credit toward a degree for
noninstructional activities, such as challenge examinations and
professional or life experiences;

(b) Represent that the school is:

(A) Approved by the State of Oregon; or

(B) Accredited by an organization unless the organization is
recognized as an accreditor by the United States Department of Education;
or

(c) Pay a faculty member a commission or otherwise base a faculty
member’s compensation on the faculty member’s recruitment of students to
the school.

(2) A school that obtains an exemption under ORS 348.604 or that,
on the date preceding July 15, 2005, was a school described in ORS
348.594 (2)(d) shall:

(a) Preserve official transcripts for all faculty members and
students;

(b) Notify the Office of Degree Authorization if a faculty member
or administrator at the school has:

(A) Been convicted of a felony; or

(B) Violated a state or federal law related to the operation of a
school;

(c) Place in any course catalog that is available to students or to
the public a notice that states: “(Name of school) has been granted
exempt status by the State of Oregon to offer theological and/or
religious occupations degrees.”;

(d) If the school closes, return to students tuition payments for
the current term on a prorated basis;

(e) If the school provides placement services to a student,
describe the placement services clearly and accurately to the student and
avoid giving unrealistic expectations of placement to the student; and

(f) If an administrator claims to possess an academic degree:

(A) Ensure that the administrator possesses the academic degree
that the administrator claims to possess; and

(B) Require that the degree is from a school that, at the time of
the conferral of the degree, was accredited by a federally recognized
accrediting organization, held an exemption under this section, or was a
school described in ORS 348.594 (2)(d) on the date preceding July 15,
2005. [2005 c.546 §3]Note: See note under 348.597.(1) A school may not confer or offer to confer
any academic degree upon a person, or provide services purporting to lead
to a degree in whole or in part, without first obtaining approval from
the Oregon Student Assistance Commission through the Office of Degree
Authorization. The commission shall adopt by rule standards and
procedures for the approval of schools.

(2) The commission shall substitute the standards adopted under
subsection (1) of this section with private accreditation standards for a
school that has conferred degrees under the same control for five years
in Oregon from at least one operationally separate unit accredited as a
separate institution by a regional accrediting association or its
national successor, provided the school submits for arbitration by the
commission any unresolved dispute in which a person alleges detrimental
violation of a standard guaranteed by the accrediting association but
which the association has declined to arbitrate.

(3)(a) The commission, by rule, may impose a fee on any school
applying for approval to confer or offer to confer a degree upon a person
or to provide academic credit applicable to a degree. The fee is
nonrefundable.

(b) The amount of the fee shall be established to recover
designated expenses incurred by the commission in carrying out the
administration of ORS 348.594 to 348.615, and may not exceed:

(A) For a doctoral degree, $5,500.

(B) For a master’s degree, $4,150.

(C) For a bachelor’s degree, $4,150.

(D) For an associate degree, $2,750.

(c) Any fees collected under this subsection shall be deposited in
the Office of Degree Authorization Account established under ORS 348.601.
[1997 c.652 §11; 1999 c.59 §95; 2003 c.674 §2; 2005 c.546 §9](1) The Oregon Student Assistance
Commission may, by rule, impose a fee on a school that applies for an
exemption under ORS 348.604. The amount of the fee may not exceed the
lesser of:

(a) The actual cost to the commission of determining the school’s
compliance with the requirements for an exemption under ORS 348.604; or

(b) Fifty percent of the fee that the commission would impose on
the school under ORS 348.606 (3) if the school were applying for approval
to offer a bachelor’s degree.

(2) Except as provided in ORS 348.604 or 348.608 or section 6,
chapter 546, Oregon Laws 2005, the commission may not impose requirements
for a religious exemption from ORS 348.594 to 348.615. [2005 c.546 §4]Note: See note under 348.597.(1) Each year, on a date prescribed by the Office of
Degree Authorization, a school that obtains an exemption under ORS
348.604 or a school that, on the date preceding July 15, 2005, was a
school described in ORS 348.594 (2)(d), shall submit to the office a
statement that reads: “(Name of School) hereby certifies that the school
remains in compliance with all conditions for a religious exemption from
ORS 348.594 to 348.615.”

(2) A school that obtains an exemption under ORS 348.604 or a
school that, on the date preceding July 15, 2005, was a school described
in ORS 348.594 (2)(d) remains exempt unless the office suspends or
revokes the exemption.

(3) The office may suspend or revoke an exemption if:

(a) After the notice and opportunity to cure provided in subsection
(4) of this section, a school fails to provide the statement required by
subsection (1) of this section;

(b) The office has received a complaint from a student or former
student of the school that the school is failing to comply with a
condition for exemption under ORS 348.604, the office determines that the
complaint is valid, the school has been provided with notice and
opportunity to cure as required by subsection (4) of this section and the
school fails to comply with the condition listed in the notice; or

(c) After the notice and opportunity to cure provided in subsection
(4) of this section, a school is in violation of ORS 348.605.

(4) The Oregon Student Assistance Commission, through the office,
shall provide notice of and 90 days to cure a school’s:

(a) Failure to provide the statement required by subsection (1) of
this section;

(b) Failure to maintain compliance with a condition for exemption
under ORS 348.604 if the office has received a complaint from a student
or former student of the school that the school is failing to comply with
a condition for exemption under ORS 348.604 and the office has determined
the complaint is valid; or

(c) Violation of ORS 348.605.

(5) A school may appeal the denial, suspension or revocation of an
exemption to the commission.

(6) A school may appeal to the commission the office’s decision
that a faculty member does not possess sufficient compensatory
qualifications to substitute for an academic degree in the field in which
the faculty member teaches.

(7) The commission shall conduct an appeal under this section as a
contested case under ORS chapter 183.

(8)(a) If a school appeals the denial, suspension or revocation of
an exemption and the commission upholds the denial, suspension or
revocation, the commission shall provide the school 90 days to cure the
grounds for the denial, suspension or revocation. If the school does not
cure the grounds for the denial, suspension or revocation within 90 days
after the commission upholds the denial, suspension or revocation, then
the denial, suspension or revocation becomes effective 90 days after the
issuance of the decision on the appeal by the commission.

(b) If a school does not appeal the denial, suspension or
revocation of an exemption to the commission and the school does not cure
the grounds for the denial, suspension or revocation within the period of
time to appeal the decision to the commission, then the denial,
suspension or revocation becomes effective upon the expiration of the
period of time to appeal. [2005 c.546 §5]Note: See note under 348.597.Note: Section 6, chapter 546, Oregon Laws 2005, provides:

Sec. 6. Notwithstanding section 5 of this 2005 Act [348.608]:

(1) A school that, on the date preceding the effective date of this
2005 Act [July 15, 2005], was a school described in ORS 348.594 (2)(d)
shall, within 90 days of the effective date of this 2005 Act, submit to
the Office of Degree Authorization a statement that reads: “(Name of
School) hereby certifies that the school remains in compliance with all
conditions for a religious exemption from ORS 348.594 to 348.615.”

(2) The office may suspend or revoke an exemption if, after the
notice and opportunity to cure provided in subsection (3) of this
section, a school fails to provide the statement required by subsection
(1) of this section.

(3) The office shall provide notice of and 30 days to cure a
school’s failure to provide the statement required by subsection (1) of
this section.

(4) A school may appeal the suspension or revocation of an
exemption under subsection (2) of this section to the Oregon Student
Assistance Commission.

(5) The commission shall conduct an appeal under this section as a
contested case under ORS chapter 183.

(6)(a) If a school appeals the suspension or revocation of an
exemption under subsection (2) of this section and the commission upholds
the suspension or revocation, the suspension or revocation becomes
effective upon the issuance by the commission of the decision on the
appeal.

(b) If a school does not appeal the suspension or revocation of an
exemption under subsection (2) of this section to the commission, the
suspension or revocation becomes effective upon the expiration of the
period of time to appeal. [2005 c.546 §6](1) A person who has been
warned by the Oregon Student Assistance Commission, through the Office of
Degree Authorization, to cease and desist may not claim or represent that
the person possesses any academic degree unless the degree has been
awarded to or conferred upon the person by a school that:

(a) Has accreditation recognized by the United States Department of
Education or the foreign equivalent of such accreditation;

(b) Has been approved by the Oregon Student Assistance Commission
through the Office of Degree Authorization to offer and confer degrees in
Oregon;

(c) Is described in ORS 348.597; or

(d) Is located in the United States and has been found by the
commission to meet standards of academic quality comparable to those of
an institution located in the United States that has accreditation,
recognized by the United States Department of Education, to offer degrees
of the type and level claimed by the person.

(2)(a) A person who has been awarded a degree from a school other
than a school described in subsection (1) of this section may claim or
represent that the person possesses an academic degree if the claim or
representation is accompanied by a disclaimer that states: “(Name of
school) does not have accreditation recognized by the United States
Department of Education and has not been approved by the Office of Degree
Authorization.”

(b) The disclaimer shall be made in any resume, letterhead,
business card, announcement or advertisement in which the person is
claiming or representing to have an academic degree from a school that
does not meet the requirements of subsection (1) of this section.

(c) This subsection does not alter any requirement for obtaining a
license, admission into a school, teaching or employment or for other
areas in which a degree from an accredited school is required.

(3) The Oregon Student Assistance Commission shall adopt, by rule,
standards and procedures for responding to complaints about degree claims
and for validation of degree claims. Failure of a person to provide
documentation of a claimed degree shall be prima facie evidence that the
claim of such person to such degree is a violation of this section.

(4) The Oregon Student Assistance Commission, by rule, may impose a
fee on any school or person requesting validation of degree claims. The
amount of the fee shall be established to recover designated expenses
incurred by the commission in carrying out the administration of ORS
348.594 to 348.615. Any fees collected under this subsection shall be
deposited in the Office of Degree Authorization Account established under
ORS 348.601.

(5)(a) The Oregon Student Assistance Commission, through the Office
of Degree Authorization, may cause a civil suit to be instituted in the
circuit court for legal or equitable remedies, including injunctive
relief, to ensure compliance with this section. The commission may
recover attorney fees and court costs for any such action.

(b) The commission shall adopt a schedule of civil penalties for
violations of this section. A civil penalty shall not exceed $1,000 per
violation.

(c) In addition to any action or penalty provided by law, any
person who violates this section shall incur a civil penalty in an amount
prescribed by the schedule adopted by the commission. Any civil penalty
imposed under this subsection shall be imposed in the manner provided in
ORS 183.745. All penalties recovered under this subsection shall be paid
into the State Treasury and credited to the General Fund.

(6) The provisions of this section do not apply to a person who is
a graduate of a veterinary college, or a veterinary department of a
university or college, of good standing and repute, as determined by the
Oregon State Veterinary Medical Examining Board. [1997 c.652 §12; 2001
c.454 §1; 2003 c.674 §3; 2005 c.196 §4; 2005 c.546 §10a] The Oregon Student
Assistance Commission may revoke or suspend any approval given to a
school under ORS 348.606 for proper cause after a hearing. Such hearing
shall be held only after the school has been given 20 days’ notice in
writing of the time and place of such hearing. Hearings shall be held in
accordance with the rules of the commission adopted under ORS 348.530.
[1997 c.652 §13] If the Oregon Student Assistance
Commission refuses to grant approval to a school to confer degrees or
revokes the approval to confer degrees, the refusal or revocation shall
be subject to the right of review by an action brought in the circuit
court of the county in which the school is located. Such review shall be
tried as an action not triable by right to a jury. [1997 c.652 §14](Scholarship Program Tax Credit)(1) The Oregon Student Assistance Commission shall develop and
adopt rules that provide the minimum criteria that an employer must meet
in order for the employer’s scholarship program for employees and
dependents to be certified as eligible for the employee and dependent
scholarship program tax credit provided under ORS 348.621. The commission
shall adopt rules to determine:

(a) The types of educational programs, institutions and expenses
related to the programs and institutions for which scholarships may be
offered to employees and dependents, and scholarship moneys expended on
their behalf;

(b) The types of employees and dependents to whom scholarships must
be offered;

(c) The minimum and maximum annual dollar amounts of a scholarship
that would be a qualified scholarship under ORS 315.237;

(d) The minimum annual number of hours of instruction that a
scholarship beneficiary must commit to in order to be eligible for a
scholarship; and

(e) Such other requirements as the commission may provide.

(2) An employer must employ at least four full-time equivalent
employees but no more than 250 employees in order to be certified as
eligible for the employee and dependent scholarship program tax credit
under ORS 348.621.

(3) An employer seeking to claim the tax credit provided under ORS
315.237 must apply to the Oregon Student Assistance Commission for both
employee and dependent scholarship program certification under ORS
348.618 and tax credit certification under ORS 348.621. [2001 c.475 §§2,4](1) An application for employee
and dependent scholarship program certification shall be filed by the
employer establishing the program. The application shall be filed with
the Oregon Student Assistance Commission at least three months prior to
the close of the first tax year for which a tax credit under ORS 315.237
will be claimed.

(2) The application shall be filed on a form prescribed by the
commission and shall contain the information required by the commission,
including:

(a) The date on which the proposed employee and dependent
scholarship program will first be available to the employer’s employees
and their dependents;

(b) The total number of employees of the employer;

(c) The total number of employees who will be eligible, or whose
dependents will be eligible, to participate in the program;

(d) The criteria to be used by the employer in determining the
eligibility of an employee or an employee’s dependent for a scholarship
under the program; and

(e) The annual limit, if any, on the amount of funds to be used for
scholarships under the program.

(3) The commission shall certify an application that describes an
employee and dependent scholarship program that is in compliance with the
rules adopted by the commission under ORS 348.616 (1) and (2), if made by
an employer that meets the employment requirements of ORS 348.616 (1) and
(2).

(4) The commission shall certify or reject an application within 60
days of receipt of the application and shall notify the employer of the
commission’s determination.

(5) An employer whose application has been rejected by the
commission shall be afforded an opportunity to amend the application to
address the commission’s objections to the original application.

(6) In the case of an employer whose proposed employee and
dependent scholarship program has been certified by the commission, the
commission shall send a letter of program certification to the employer.
The letter of program certification shall set forth or incorporate by
reference the statements made in the application being certified.

(7) A letter of program certification issued under this section
shall remain valid until the employer changes the terms of eligibility
for a scholarship under the program, changes the minimum or maximum
amount of a scholarship under the program or ceases to be an employer.
[2001 c.475 §5] (1)
An application for tax credit certification shall be filed by an employer
that has obtained program certification under ORS 348.618 or that has
applied for program certification and is awaiting such certification by
the Oregon Student Assistance Commission.

(2) The application for tax credit certification shall be filed by
the employer with the commission. The application shall be filed at the
time prescribed by the commission, but no later than October 1 of the
calendar year in which begins the tax year for which a credit under ORS
315.237 will be claimed.

(3) The application shall be filed on a form prescribed by the
commission and shall contain the information required by the commission,
including the amount of scholarship moneys the employer has provided or
intends to provide to employees or dependents during the calendar year
for which tax credit certification is being sought and the number of
employees employed by the employer for the calendar year.

(4) The commission shall consider applications in the chronological
order in which the applications are received and shall approve
applications to the extent the amount set forth in the application, when
added to the total amount already certified by the commission for the
calendar year under this section, does not exceed $1 million.

(5) An employer may not receive tax credit certification:

(a) For an amount that is greater than $1 million;

(b) If the employer employs fewer than four full-time equivalent
employees for the calendar year; or

(c) If the employer employs more than 250 employees for the
calendar year.

(6) The commission shall send written notice of the amount of the
tax credit certification, or written notice that no amount is being
certified, to the employer and to the Department of Revenue within 60
days of the date an application is filed under this section.

(7) The employer shall keep the written certification in the
employer’s records for at least five years and shall furnish the
certification to the Department of Revenue if requested. [2001 c.475 §6](Alternative Student Loan Program) As used
in ORS 348.570 and 348.625 to 348.695:

(1) “Alternative student loan program” means a program established
by the Oregon Student Assistance Commission to fund loans to eligible
students, or to qualifying parents of eligible students, to help meet
expenses of eligible students of attending post-secondary educational
institutions; provided, however, that alternative student loan program
loans may be made only to students who have applied for student financial
aid under Title IV, Part B of the Higher Education Act of 1965, as
amended, and have received information on their eligibility for programs
under that Act, or the parents of students who have made such application
and received such information.

(2) “Eligible student” means a student enrolled in an eligible
post-secondary educational institution located in Oregon or a student who
is an Oregon resident and who is enrolled in an eligible post-secondary
educational institution located outside of Oregon. The commission shall
determine, among other things, what constitutes enrollment and which
post-secondary educational institutions are eligible institutions under
the alternative student loan program.

(3) “Lender” means an insured institution as defined in ORS 706.008
that is authorized to do business in Oregon and which has entered into an
agreement with the commission to originate, service and administer
alternative student loans in the manner authorized by ORS 348.570 and
348.625 to 348.695. [1987 c.842 §2; 1989 c.131 §1; 1997 c.631 §464; 1999
c.59 §96; 1999 c.704 §16] (1) Loans
may be made under the alternative student loan program to an eligible
student or to a parent of an eligible student.

(2) Loans made under the alternative student loan program shall not
exceed the eligible costs of education as determined by the Oregon
Student Assistance Commission, minus other financial aid received, or
$10,000, whichever is less, for any eligible student during a single
calendar year. Total loans made for any eligible student under the
alternative student loan program shall not exceed $40,000.

(3) Under the alternative student loan program, borrowers shall
undergo a credit check by the lender or by the commission and shall be
creditworthy or provide a creditworthy cosigner. [1987 c.842 §3] In consultation
with private sector lenders, the Oregon Student Assistance Commission
shall establish the terms and conditions, including but not limited to
maturities and repayment provisions, of student loans for which the
commission shall provide funding. The commission may also set standards
of academic achievement which borrowers must maintain to receive loans.
[1987 c.842 §4](1) The Oregon Student Assistance Commission shall
provide funding to lenders pursuant to contracts which shall provide,
among other things, the terms and conditions under which private sector
lenders, using funding made available by the commission, shall originate,
service and administer loans pursuant to the alternative student loan
program. Lenders shall receive and process loan applications from
borrowers, perform credit analysis, approve or deny loan requests, and
for loans which are approved, originate, document, administer and service
such loans. The commission shall make provision for payment to lenders of
the reasonable costs of origination, servicing and administration of
loans. Payment may be made directly by borrowers or by the commission, as
the commission may determine.

(2) Loans shall be structured in such a manner that anticipated
payments of principal and interest shall permit timely repayment of the
revenue bonds to be issued by the State of Oregon pursuant to ORS 348.570
and 348.625 to 348.695. As a condition of participation in the
alternative student loan program by private sector lenders, the
commission shall procure from each such lender a guarantee or letter of
credit insuring that the commission shall receive full and timely
repayment of principal of and interest due on loans originated, serviced
and administered by the lender. The commission shall provide by contract
for payment by the commission or by borrowers, as the commission may
determine, of the reasonable costs of such guarantees or letters of
credit. It is the intention of ORS 348.570 and 348.625 to 348.695 that
participating private sector lenders, not the commission, shall bear the
entire risk of loss, nontimely repayment or nonpayment of alternative
student loan program loans. [1987 c.842 §5]
(1) In carrying out its duties under ORS 348.570 and 348.625 to 348.695
as to insure funding availability, the Oregon Student Assistance
Commission may do the following in the event private lenders withdraw
from the program:

(a) Act as the lender under the alternative student loan program or
loan programs provided for by Title IV, Part B, of the Higher Education
Act of 1965, as amended.

(b) Buy loans made privately under the alternative student loan
program or loan programs provided for by Title IV, Part B, of the Higher
Education Act of 1965, as amended.

(c) Contract with lenders or commercial loan servicers to collect
loans which either the commission or the lender initially made.

(2) The commission may adopt rules by which to determine the
eligibility of lending institutions to participate in the program and to
fix the eligibility for loans under the program. [1987 c.842 §7] The Oregon Student Assistance Commission shall be
entitled to establish or receive fees and charges sufficient to recover
the ongoing costs of providing funding and administering the alternative
student loan program. [1987 c.842 §6] In
consultation with the Oregon Student Assistance Commission, the State
Treasurer may issue revenue bonds in an amount not to exceed $30 million
annually, the proceeds of which shall be used to provide funding for
loans to be made pursuant to the alternative student loan program.
Interest on the bonds shall be exempt from personal income taxation by
the State of Oregon. [1987 c.842 §8](1) If the State Treasurer, in
consultation with the Oregon Student Assistance Commission, determines
that revenue bonds should be issued under ORS 348.570 and 348.625 to
348.695:

(a) The State Treasurer, in consultation with the commission, may
authorize and issue in the name of the State of Oregon revenue bonds
secured by revenues from repayment of loans to finance or refinance in
whole or part the costs of the loan program. Refunding bonds may be
issued to refinance such revenue bonds.

(b) The State Treasurer, in consultation with the commission, shall
designate the underwriter, trustee and bond counsel and enter into
appropriate agreements with each to carry out the provisions of ORS
348.570 and 348.625 to 348.695.

(2) Any trustee designated by the State Treasurer, in consultation
with the commission, must agree to furnish financial statements and audit
reports for each bond issue.

(3) In determining whether to issue revenue bonds under ORS 348.570
and 348.625 to 348.695, the State Treasurer, in consultation with the
commission, shall consider:

(a) The bond market for the types of bonds proposed for issuance.

(b) The terms and conditions of the proposed issue.

(c) Such other relevant factors as the State Treasurer, in
consultation with the commission, considers necessary to protect the
financial integrity of the state. [1987 c.842 §§9,10]Bonds authorized under ORS 348.570 and 348.625 to 348.695
shall be issued in accordance with the provisions of ORS 288.805 to
288.945, and the State Treasurer, in consultation with the Oregon Student
Assistance Commission, shall have and shall exercise all the powers of a
public body, including, but not limited to, the power to establish
special accounts or subaccounts in the Alternative Student Loan Program
Fund created by ORS 348.570 and the power to pledge the assets or the
revenues, or any portion thereof, of the alternative student loan
program. [1987 c.842 §11] The administrative expenses of the
State Treasurer and the Oregon Student Assistance Commission shall be
charged against bond proceeds or repayment revenues. [1987 c.842 §12] The State Treasurer, in consultation
with the Oregon Student Assistance Commission, shall have the power,
whenever refunding is considered expedient, to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or have not
matured. The refunding bonds may be exchanged for bonds to be refunded
and the proceeds applied to the purchase, redemption or payment of such
bonds. [1987 c.842 §13] The validity of bonds issued under ORS
348.570 and 348.625 to 348.695 shall not be dependent on nor be affected
by the validity or regularity of any proceeding relating to the loans for
which the bonds are issued. The official action authorizing such bonds
may provide that the bonds shall contain a recital that they are issued
pursuant to ORS 348.570 and 348.625 to 348.695 and such recital shall be
conclusive evidence of their validity and of the regularity of their
issuance. [1987 c.842 §14] The
official action authorizing the issuance of bonds under ORS 348.570 and
348.625 to 348.695 may contain covenants, notwithstanding that such
covenants may limit the exercises of powers conferred by ORS 348.570 and
348.625 to 348.695 in the following respects and in such other respects
as the state, acting through the State Treasurer, in consultation with
the Oregon Student Assistance Commission, or the designee thereof may
decide:

(1) The use and disposition of the revenues from repayment;

(2) The creation and maintenance of special accounts or subaccounts
in the Alternative Student Loan Program Fund created by ORS 348.570 and
the regulation, use and disposition thereof;

(3) The purpose or purposes to which the proceeds of sale of bonds
may be applied and the use and disposition of such proceeds;

(4) The events of default and the rights and liabilities arising
thereon and the terms and conditions upon which the holders of any bonds
may bring any suit or action on such bonds or on any coupons appurtenant
thereto;

(5) The issuance of other or additional bonds or instruments
payable from or constituting a charge against the revenues from repayment;

(6) The keeping of books of account and the inspection and audit
thereof;

(7) The terms and conditions upon which any or all of the bonds
shall become or may be declared due before maturity and the terms and
conditions upon which such declaration and its consequences may be waived;

(8) The rights, liabilities, powers and duties arising upon the
breach of any covenants, conditions or obligations;

(9) The appointing of and vesting in a trustee or trustees of the
right to hold or dispose of any funds, accounts, revenues or assets of
the alternative student loan program, to receive or assign any pledge
thereof or to enforce any covenants made to secure or to pay the bonds,
the powers and duties of such trustee or trustees, and the limitation of
the liabilities of the trustee or trustees;

(10) The terms and conditions upon which the holder or holders of
the bonds, or the holders of any proportion or percentage of them, may
enforce any covenants made under ORS 348.570 and 348.625 to 348.695; and

(11) A procedure by which the terms of any official action
authorizing bonds or of any other contract with bondholders, including
but not limited to an indenture of trust or similar instrument, may be
amended or abrogated, and the amount of bonds the holders of which may
consent thereto, and the manner in which such consent may be given. [1987
c.842 §15] (1) Revenue bonds issued
under ORS 348.570 and 348.625 to 348.695:

(a) Shall not be payable from nor charged upon any funds other than
the revenue pledged to the payment thereof, except as provided in this
section, nor shall the state be subject to any liability thereon. No
holder or holders of such bonds shall ever have the right to compel any
exercise of the taxing power of the state to pay any such bonds or the
interest thereon, nor to enforce payment thereof against any property of
the state.

(b) Shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the state other than the Alternative
Student Loan Program Fund created by ORS 348.570, any account or
subaccount thereof or student loans, if any, owned or acquired by the
Oregon Student Assistance Commission pursuant to the alternative student
loan program.

(2) Each bond issued under ORS 348.570 and 348.625 to 348.695 shall
recite in substance that the bond, including interest thereon, is payable
solely from the revenue pledged to the payment thereof. No such bond
shall constitute a debt of the state or a lending of the credit of the
state within the meaning of any constitutional or statutory limitation.
However, nothing in ORS 348.570 and 348.625 to 348.695 is intended to
impair the rights of holders of bonds to enforce covenants made for the
security thereof as provided in ORS 348.685. [1987 c.842 §16] Subject to
any contractual limitation binding upon the holders of any issue of
revenue bonds, or a trustee therefor, including but not limited to the
restriction of the exercise of any remedy to a specified proportion or
percentage of such holders, any holder of bonds, or any trustee therefor,
for the equal benefit and protection of all bondholders similarly
situated, may:

(1) By action or proceeding for legal or equitable remedies,
enforce their rights against the state and any of its officers, agents
and employees, and may require and compel the state or any such officers,
agents or employees to perform and carry out duties and obligations under
ORS 348.570 and 348.625 to 348.695 and covenants and agreements with
bondholders;

(2) By action, require the state to account as if it were the
trustee of an express trust;

(3) By action, enjoin any acts or things which may be unlawful or
in violation of the right of the bondholders;

(4) Bring action upon the bonds; and

(5) Exercise any right or remedy conferred by ORS 348.570 and
348.625 to 348.695 without exhausting and without regard to any other
right or remedy conferred by ORS 348.570 and 348.625 to 348.695 or any
other law of this state, none of which rights and remedies is intended to
be exclusive of any other, and each is cumulative and in addition to
every other right and remedy. [1987 c.842 §17]EDUCATION STABILITY FUND(Generally) Pursuant to section 4
(4)(d), Article XV of the Oregon Constitution, the Education Stability
Fund is established separate and distinct from the General Fund. Except
for earnings on moneys in the school capital matching subaccount, moneys
in the fund shall be invested as provided in ORS 293.701 to 293.790. All
declared earnings on moneys in the fund shall be transferred and are
appropriated continuously as follows:

(1) All declared earnings from the Oregon Growth Account to the
Oregon Commercialized Research Fund created in ORS 284.725;

(2) 75 percent of all declared earnings not described in subsection
(1) of this section to the Oregon Education Fund established by ORS
348.716; and

(3) 25 percent of all declared earnings not described in subsection
(1) of this section to the Oregon Student Assistance Commission for the
Oregon Opportunity Grant program under ORS 348.260. [1995 c.12 §2; 1997
c.524 §2; 1997 c.612 §11; 1999 c.44 §§26,27; 1999 c.704 §§17,18; 1999
c.1070 §§13,14; 2001 c.920 §12; 2001 c.922 §§27,28; 2002 s.s.3 c.6 §§2,3;
2005 c.22 §§246,247; 2005 c.748 §§19,20](Oregon Growth Account) As used in ORS
348.701 to 348.710:

(1) “Board” means the Oregon Growth Account Board established in
ORS 348.707.

(2) “Emerging growth business” means a new or small company that
has the capacity, upon obtaining appropriate capital, to generate
significant high skill, high wage employment within one or more traded
sector industries.

(3) “Management company” includes a person, limited partnership,
partnership, corporation or other investment company.

(4) “Seed capital” means financing that is provided for the initial
phases of development, refinement and commercialization of a product,
process or innovation, including but not limited to facilitating
technology transfers related to academic research, discoveries or
developments for the purpose of commercialization of a product, process
or innovation.

(5) “Traded sector” has the meaning given that term in ORS
285B.280. [1995 c.811 §5(5); 1997 c.323 §1; 1999 c.42 §3; 1999 c.54 §1;
2001 c.52 §1; 2001 c.922 §1; 2005 c.835 §25] (1) There is created within the
Education Stability Fund the Oregon Growth Account, to which shall be
credited, in the manner provided in subsection (2) of this section, 10
percent of the funds transferred under section 4, Article XV of the
Oregon Constitution, from the Administrative Services Economic
Development Fund to the Education Stability Fund. Separate records shall
be maintained for moneys in the Oregon Growth Account that are available
for the purposes specified in subsection (5) of this section. The account
may be credited with such unrestricted appropriations, gifts, donations,
grants or contract proceeds from any source, with investments or funds
from any source, and with returns on investments made from the account.

(2) The Oregon Department of Administrative Services may credit to
the Oregon Growth Account from the first funds transferred in a fiscal
year to the Education Stability Fund under section 4, Article XV of the
Oregon Constitution, an amount up to the amount the department estimates
to be 10 percent of the funds required to be transferred to the Education
Stability Fund for that fiscal year.

(3) If at the end of the fiscal year the amount credited to the
Oregon Growth Account under subsection (2) of this section is less than
or greater than 10 percent of the amount required to be transferred under
section 4, Article XV of the Oregon Constitution, to the Education
Stability Fund, the amount credited to the Oregon Growth Account shall be
adjusted in one of the following ways:

(a) The amount credited to the account in the following fiscal year
may be adjusted;

(b) Any excess may be transferred from the Oregon Growth Account to
the Education Stability Fund; or

(c) Any shortage may be transferred from the Education Stability
Fund to the Oregon Growth Account from funds available for that purpose.

(4) Adjustments required by subsection (3) of this section shall be
made without consideration of any interest or other earnings that have
accrued during the fiscal year.

(5) The purpose of the Oregon Growth Account is to earn returns for
the Education Stability Fund by making investments in or by providing
seed capital for emerging growth businesses in traded sector industries.

(6) The investment of funds in the Oregon Growth Account shall be
governed by the Oregon Growth Account Board. [1995 c.811 §§3,4; 1997
c.323 §2; 2001 c.922 §2; 2002 s.s.3 c.6 §4; 2003 c.14 §154; 2003 c.606
§6; 2005 c.835 §32](1) The
Oregon Growth Account Board shall contract with one or more management
companies to manage and invest the moneys in the Oregon Growth Account.
For purposes of this subsection, a contract with a management company may
consist of a partnership agreement under which the Oregon Growth Account
Board is the limited partner and the management company is the general
partner.

(2) The provisions of ORS 293.726 do not apply to those assets of
the Education Stability Fund that are held in the Oregon Growth Account.
The limitations of ORS 293.726 (6) shall be calculated based only on the
balance of the Education Stability Fund that does not include the Oregon
Growth Account.

(3) A management company selected to manage the Oregon Growth
Account shall manage the moneys in the account, subject to investment
policies established by the State Treasurer and the investment directives
or strategies of the Oregon Growth Account Board, with the care, skill
and diligence that a prudent investor acting in a similar capacity and
familiar with such investments would use in managing and investing a
similar account. The management company shall invest in Oregon an amount
that is at least equal to the amount of the principal transferred from
the Oregon Growth Account to the management company for investment.

(4) The contract between the board and a management company to
manage the Oregon Growth Account and the functions performed under the
contract are not subject to the State Personnel Relations Law or ORS
279.835 to 279.855 or ORS chapter 279A or 279B.

(5) Notwithstanding ORS 348.702 (5), a management company selected
to manage the Oregon Growth Account may maintain a portion of the moneys
allocated to the account under ORS 348.702 (1) in short-term securities
in investments other than those specified in ORS 348.702 (5) during such
times as a management company is seeking investments that meet the
requirements of ORS 348.702 (5).

(6) The State Treasurer shall annually submit a report to the
Governor and to the Legislative Assembly on the investment of moneys in
the Oregon Growth Account. The report required by this subsection shall
include a summary of the amount of money invested by industrial sector or
business classification, by region of this state, by size of investment
and by type of investment.

(7) The State Treasurer shall provide to other state agencies any
reports on the investment of moneys in the Oregon Growth Account that are
necessary to fulfill audit, financial, investment or other reporting
requirements to which the Education Stability Fund is subject by law or
standard accounting principles.

(8) The office of the State Treasurer shall provide staff to the
board.

(9) There is continuously appropriated to the board from the Oregon
Growth Account those amounts necessary to meet the expenses of the board
and the State Treasurer in carrying out the operations of the Oregon
Growth Account and the duties of the board and the State Treasurer. The
cost to the office of the State Treasurer of providing staff to the board
shall be deducted from those amounts paid to the State Treasurer pursuant
to ORS 293.718 as reimbursement for expenses incurred as investment
officer for the Education Stability Fund.

(10) The board may enter into contracts for the provision of
investment advice or other services that the board deems reasonable and
necessary to fulfill the duties of the board. The State Treasurer may
enter into contracts for the provision of investment advice or other
services that the State Treasurer deems reasonable and necessary to
fulfill the duties of the State Treasurer with respect to the Oregon
Growth Account. Such contracts are not subject to the State Personnel
Relations Law or ORS 279.835 to 279.855 or ORS chapter 279A or 279B.
[1995 c.811 §5(1) to (4); 1997 c.323 §5; 1999 c.42 §4; 2001 c.52 §2; 2001
c.922 §3; 2002 s.s.3 c.6 §5; 2003 c.606 §7; 2003 c.794 §258]
The Oregon Growth Account Board may allocate to, withdraw from or
transfer from the Oregon Resource and Technology Development Subaccount
and the balance of the Oregon Growth Account such moneys, investments,
returns or other assets or amounts the board determines necessary or
desirable to further the purpose set forth in ORS 348.702. [2001 c.922 §8] (1)
There is created within the Oregon Growth Account the Oregon Resource and
Technology Development Subaccount. Separate records shall be maintained
for moneys in the subaccount. Subject to investment policies established
by the State Treasurer and investment directives or strategies of the
Oregon Growth Account Board, moneys in the subaccount shall be used to
make seed capital investments in emerging growth businesses in traded
sector industries in Oregon.

(2) The board may allocate such amounts from the subaccount as the
board determines appropriate for seed capital investments. [2001 c.922
§7; 2005 c.835 §33](1) There is established an Oregon Growth Account
Board consisting of:

(a) The State Treasurer or the treasurer’s designated
representative, who shall be the chairperson of the board.

(b) Three members appointed by the Governor from a list of
candidates recommended by the State Treasurer who are qualified by
training and experience in the field of venture capital and emerging
growth businesses in Oregon.

(c) Three members from the general public appointed by the Governor
from a list of candidates recommended by the State Treasurer.

(2) The term of office of each board member appointed by the
Governor is three years. However, each member, except the State Treasurer
or the treasurer’s designated representative, shall serve at the pleasure
of the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the unexpired
term.

(3) A member of the board may receive reimbursement of expenses
under ORS 292.495 (2), but shall not receive compensation under ORS
292.495 (1) or otherwise for participation as a board member.

(4) The State Treasurer may establish investment policies for the
Oregon Growth Account. The investment policies may include, but are not
limited to:

(a) The reinvestment of the principal of the account after an
original investment;

(b) The reinvestment of returns from an original investment;

(c) The retention of amounts for unfunded commitments owed to a
management company;

(d) The determination of when and how earnings are calculated and
declared available from the account on behalf of the Education Stability
Fund; and

(e) Other policies that the State Treasurer determines may increase
the total earnings of the account over time.

(5) Subject to investment policies established for moneys in the
account by the State Treasurer, the board shall have authority to approve
or direct specific investments or strategies for the investment of moneys
in the Oregon Growth Account and to make investments directly, without
the use of a management company, in any form or manner that would be
lawful for a private corporation having similar intent. In addition, the
board may:

(a) Acquire, own, hold, dispose of and encumber real or personal
property of any nature, both tangible and intangible, or any interest in
property, and exercise or acquire any rights in property necessary or
desirable to protect or secure any investments in which the account has
an interest;

(b) Trade, buy or sell securities;

(c) Own, possess, take license in and grant license to patents,
copyrights, proprietary processes and other intellectual property, and
negotiate and enter into contracts and establish charges for the use of
such patents, copyrights, proprietary processes and other intellectual
property; and

(d) Exercise any other powers necessary or desirable for the
operation and functioning of the account within the purposes authorized
in ORS 348.702.

(6) When performing the board’s duties, the board shall exercise
the care, skill and diligence that a prudent investor acting in a similar
capacity and familiar with such investments would use in managing and
investing a similar account.

(7) The State Treasurer shall report on the development of the
policies described in subsection (4) of this section to the legislative
interim committees on trade and economic development and government
finance and tax policy. [1997 c.323 §3; 2001 c.52 §3; 2001 c.922 §4; 2002
s.s.3 c.6 §7]
(1) The following records, communications and information furnished under
ORS 348.701 to 348.710 shall be confidential and maintained as such,
unless the person providing the information expressly agrees in writing
that such information may be disclosed:

(a) Personal financial statements;

(b) Financial statements of applicants;

(c) Customer lists;

(d) Information of an applicant pertaining to litigation to which
the applicant is a party if the complaint has been filed or, if the
complaint has not been filed, if the applicant shows that such litigation
is reasonably likely to occur;

(e) Production, sales and cost data; and

(f) Marketing strategy information that relates to an applicant’s
plan to address specific markets or the applicant’s strategy regarding
specific competitors, or both.

(2) The confidentiality provided by subsection (1)(d) of this
section does not apply to concluded litigation. Nothing in subsection
(1)(d) of this section limits any right granted by discovery statutes to
a party to litigation or potential litigation. [1999 c.42 §6](Oregon Education Fund)The Oregon Education Fund is established in the State Treasury,
separate and distinct from the General Fund. Moneys in the Oregon
Education Fund are continuously appropriated to the Oregon Department of
Administrative Services for public education and education lottery bond
debt service. Seventy-five percent of the declared earnings of the
Education Stability Fund as described in ORS 348.696 (2) shall be
transferred monthly to the Oregon Education Fund as directed by the
Director of the Oregon Department of Administrative Services. Investment
earnings on amounts in the Oregon Education Fund shall be credited to the
Oregon Education Fund. The Legislative Assembly may, but shall be under
no legal obligation to, allocate and appropriate amounts in the Oregon
Education Fund to pay education lottery bonds. The Director of the Oregon
Department of Administrative Services may specify when during any fiscal
year amounts shall be transferred from the Oregon Education Fund to be
used for public education or education lottery bonds. [1999 c.44 §8; 2001
c.536 §10; 2002 s.s.3 c.6 §§8,8a]Note: 348.716 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 348 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OREGON 529 COLLEGE SAVINGS NETWORK As used in ORS
348.841 to 348.873:

(1) “Account” means an individual account established in accordance
with ORS 348.841 to 348.873.

(2) “Account owner” means the person who has the right to withdraw
funds from the account. The account owner may also be the designated
beneficiary of the account.

(3) “Board” means the Oregon 529 College Savings Board established
under ORS 348.849.

(4) “Designated beneficiary” means, except as provided in ORS
348.867, the individual designated at the time the account is opened as
having the right to receive a qualified withdrawal for the payment of
qualified higher education expenses, or if the designated beneficiary is
replaced in accordance with ORS 348.867, the replacement.

(5) “Financial institution” means a bank, a commercial bank, a
national bank, a savings bank, a savings and loan, a thrift institution,
a credit union, an insurance company, a trust company, a mutual fund, an
investment firm or other similar entity authorized to do business in this
state.

(6) “Higher education institution” means an eligible education
institution as defined in section 529(e)(5) of the Internal Revenue Code.

(7) “Internal Revenue Code” means the federal Internal Revenue
Code, as amended and in effect on December 31, 2002.

(8) “Member of the family” shall have the same meaning as contained
in section 529(e) of the Internal Revenue Code.

(9) “Network” means the Oregon 529 College Savings Network
established under ORS 348.841 to 348.873.

(10) “Nonqualified withdrawal” means a withdrawal from an account
that is not a qualified withdrawal.

(11) “Qualified higher education expenses” means tuition and other
permitted expenses as set forth in section 529(e) of the Internal Revenue
Code for the enrollment or attendance of a designated beneficiary at a
higher education institution.

(12) “Qualified withdrawal” means a withdrawal made as prescribed
under ORS 348.870 and made:

(a) From an account to pay the qualified higher education expenses
of the designated beneficiary;

(b) As the result of the death or disability of the designated
beneficiary;

(c) As the result of a scholarship, allowance or payment described
in section 135(d)(1)(A), (B) or (C) of the Internal Revenue Code that is
received by the designated beneficiary, but only to the extent of the
amount of the scholarship, allowance or payment; or

(d) As a rollover or change in the designated beneficiary described
in ORS 348.867. [1999 c.746 §1; 2001 c.12 §1; 2003 c.280 §6]Note: 348.841 to 348.873 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 348 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.It is the intent of the Legislative Assembly, in enacting ORS
348.841 to 348.873, to create a higher education qualified tuition
savings program called the Oregon 529 College Savings Network:

(1) That increases the ability of families and individuals to save
for higher education.

(2) In which the earnings on contributions of network participants
are exempt from state income taxation.

(3) That utilizes the private sector to administer and invest the
contributions to the network under the guidance of the Oregon 529 College
Savings Board.

(4) In which the contributions and earnings are held by the network
in trust for the benefit of designated beneficiaries and account owners
for the uses and purposes set forth in ORS 348.841 to 348.873, and for no
other benefit, use or purpose. [1999 c.746 §2; 2001 c.12 §2; 2003 c.280
§7]Note: See note under 348.841. (1) There is
established the Oregon 529 College Savings Board to administer ORS
348.841 to 348.873.

(2) The board shall consist of:

(a) The State Treasurer, who shall serve as the board chairperson;

(b) A member of the State Board of Higher Education, to be selected
by the State Board of Higher Education;

(c) A representative of accredited private colleges and
universities located in this state, who shall be appointed by the State
Treasurer; and

(d) Two public members, who by reason of their education and
experience are qualified to serve, and who shall be appointed by the
State Treasurer.

(3)(a) The board member who is a member of the State Board of
Higher Education shall serve at the pleasure of the State Board of Higher
Education but may not serve on the board following the end of the
member’s term on the State Board of Higher Education.

(b) The representative of private colleges and universities and the
public members of the board shall serve at the pleasure of the State
Treasurer for a term of office of three years. These members of the board
may be reappointed to subsequent terms.

(4) The State Treasurer and the Department of Higher Education
shall provide staff and assistance to the board in the administration of
the Oregon 529 College Savings Network as directed by the board.

(5) A member of the board is entitled to compensation and expenses
as provided in ORS 292.495.

(6) A majority of the members of the board constitutes a quorum for
the transaction of business. [1999 c.746 §3; 2003 c.280 §8]Note: See note under 348.841.
The Oregon 529 College Savings Board shall have the following powers,
duties, and functions:

(1) To establish, develop, implement and maintain the Oregon 529
College Savings Network in a manner consistent with ORS 348.841 to
348.873 and section 529 of the Internal Revenue Code and to obtain the
benefits of section 529 of the Internal Revenue Code for the network and
its participants.

(2) To adopt rules for the general administration of the network,
to administer ORS 348.841 to 348.873 and to ensure the network’s
compliance with section 529 of the Internal Revenue Code.

(3) To maintain, invest and reinvest the funds contributed into the
network consistent with the investment restrictions established by the
board. The investment restrictions shall be consistent with the
objectives of the network, and the board shall exercise the judgment and
care then prevailing that persons of prudence, discretion and
intelligence exercise in the management of their own affairs with due
regard to the probable income and level of risk from certain types of
investments of money, in accordance with the policies established by the
board.

(4) To make and enter into any and all contracts, agreements or
arrangements, and to retain, employ and contract for the services of
private and public financial institutions, depositories, consultants,
investment advisors or managers and third-party plan administrators and
for research, technical and other services necessary or desirable for
carrying out the purposes of ORS 348.841 to 348.873.

(5) To accept donations or receive funds for the purpose of
providing scholarships, grants and other incentives to account owners,
potential account owners and their designated beneficiaries or furthering
any of the purposes of ORS 348.841 to 348.873.

(6) To encourage increased participation in the network by awarding
scholarships or grants, providing or making available other incentives to
account owners or potential account owners and their designated
beneficiaries, or entering into promotional arrangements with third
parties as the board deems desirable. [1999 c.746 §5; 2003 c.280 §9; 2005
c.297 §1]Note: See note under 348.841. (1) The Oregon 529
College Savings Network Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the
Oregon 529 College Savings Network Fund shall be credited to the fund.
All moneys credited to the Oregon 529 College Savings Network Fund are
continuously appropriated to the Oregon 529 College Savings Board for the
purposes of ORS 348.841 to 348.873.

(2) The Oregon 529 College Savings Network Fund shall consist of:

(a) Moneys appropriated to the fund by the Legislative Assembly;

(b) Moneys transferred to the fund from the federal government,
other state agencies or local governments;

(c) Moneys from the payment of fees and the payment of other moneys
due the board;

(d) Any gifts or donations made to the State of Oregon for deposit
in the fund; and

(e) Earnings on moneys in the fund.

(3) The board may use the moneys in the fund to pay the
administrative costs and expenses of the board and the Oregon 529 College
Savings Network, to provide or make available scholarships, grants and
other incentives to account owners, potential account owners and their
designated beneficiaries or to further any other purpose of ORS 348.841
to 348.873. [2003 c.280 §22; 2005 c.297 §2]Note: See note under 348.841. (1)
An account owner may establish an account by making an initial
contribution to the Oregon 529 College Savings Network in the name of the
designated beneficiary. Once a contribution is made it becomes part of
the network and subject to the provisions of ORS 348.841 to 348.873.

(2) Any person may make a contribution to an account once an
account is opened.

(3) Contributions to an account shall be made only in cash.

(4) Total contributions to all accounts established on behalf of a
particular beneficiary may not exceed those reasonably necessary to
provide for the qualified higher education expenses of the designated
beneficiary. The Oregon 529 College Savings Board shall establish maximum
contribution limits applicable to network accounts and shall require the
provision of any information from the account owner and the designated
beneficiary that the board deems necessary to establish these limits.

(5) Separate records and accounting shall be required for each
account and reports shall be made no less frequently than annually to the
account owner.

(6) The board may collect application, account or administrative
fees to defray the costs of the network. [1999 c.746 §6; 2001 c.12 §5;
2003 c.280 §10]Note: See note under 348.841.(1) Except as permitted in section 529 of the
Internal Revenue Code, no person other than the Oregon 529 College
Savings Board or a financial institution in which Oregon 529 College
Savings Network funds have been invested shall have the right to direct
the investment of any contributions to or earnings from the network.

(2) The network, the board, each board member and the State of
Oregon may not insure any account or guarantee any rate of return or any
interest rate on any contribution. The network, the board, each board
member and the State of Oregon may not be liable for any loss incurred by
any person as a result of participating in the network.

(3) The board, in the exercise of its sole discretion and without
liability, may remove the network’s funds from any financial institution
and reinvest the funds in a similar or different investment alternative
at another financial institution pursuant to a contract, agreement or
arrangement entered into under ORS 348.853 (4). [1999 c.746 §7; 2003
c.280 §11]Note: See note under 348.841. (1) An account
and any interest in an account may not be assignable or pledged or
otherwise used to secure or obtain a loan or other advancement.

(2) The right of a designated beneficiary to the payment of
qualified higher education expenses or of an account owner to a
withdrawal, payments and withdrawals made in exercise of those rights and
moneys or property held within an account shall be exempt from
garnishment and may not be subject to execution, attachment or any other
process or to the operation of any bankruptcy or insolvency law.

(3) A refund of a qualified educational expense payment may not be
paid by a higher education institution directly to the designated
beneficiary or to the account owner. Any refund of qualified tuition
expenses owed by a higher education institution on account of an
overpayment of educational expenses must be refunded to the Oregon 529
College Savings Network for credit to an account of the designated
beneficiary.

(4) A qualified withdrawal that is used to pay for qualified higher
education expenses must be paid as prescribed by section 529 of the
Internal Revenue Code and rules adopted by the Oregon 529 College Savings
Board. [1999 c.746 §8; 2001 c.12 §6; 2003 c.280 §12]Note: See note under 348.841.(1) An account owner shall have the right at any
time to change the designated beneficiary of an account to another
individual who is a member of the family of the former designated
beneficiary.

(2) An account owner shall have the right at any time to direct
that all or a portion of an account be transferred to the account of
another designated beneficiary who is a member of the family of the
former designated beneficiary.

(3) The right to change the designated beneficiary or to transfer
between accounts contained in subsections (1) and (2) of this section may
be denied if, under rules adopted by the Oregon 529 College Savings
Board, the exercise of the right would result in either excess
contributions to an account or the exercise of impermissible investment
direction by the account owner.

(4) Individual account information, including but not limited to
names, addresses, telephone numbers, personal identification information,
amounts contributed and earnings on amounts contributed, is confidential
and must be maintained as confidential:

(a) Except to the extent necessary to administer the Oregon 529
College Savings Network in a manner consistent with ORS 348.841 to
348.873, Oregon tax laws and the Internal Revenue Code; or

(b) Unless the person who provides the information or is the
subject of the information expressly agrees in writing that the
information may be disclosed. [1999 c.746 §9; 2001 c.12 §7; 2003 c.280
§13]Note: See note under 348.841. The State of
Oregon has no proprietary interest in the contributions or earnings of
the Oregon 529 College Savings Network. Except as otherwise provided by
law, the Oregon 529 College Savings Board is the trustee of the
contributions and earnings. [2001 c.12 §4; 2003 c.280 §14]Note: See note under 348.841. (1) Withdrawal from an
account may be made as prescribed by the rules adopted by the Oregon 529
College Savings Board.

(2) A financial institution shall report an account withdrawal
during any calendar year to the account owner and the federal Internal
Revenue Service. The report shall be made at the time and contain such
information as required by law. [1999 c.746 §10; 2003 c.280 §15]Note: See note under 348.841. The Oregon 529
College Savings Board shall publish a biennial report to the Governor and
the Legislative Assembly detailing the board’s activities. The report
shall be prepared on or before February 1 of each odd-numbered year.
[1999 c.746 §11; 2003 c.280 §16]Note: See note under 348.841.COORDINATION OF STATE AGENCIES(1) The State Board of Higher Education and the State Board
of Education shall hold at least one meeting annually as the Joint Boards
of Education for the purpose of coordinating their activities and
reaching joint agreement on matters of education policy and opportunities
of mutual interest to the two boards and to the populations served by the
boards.

(2) Bylaws to be adopted by the members shall determine procedures
for setting meeting dates, locations, chairperson rotation, agendas and
staff support.

(3) The Joint Boards of Education shall provide policy direction to
implement regional partnership proposals and any other joint program or
activity approved by both boards.

(4) Notwithstanding ORS 351.070 (3)(c), the Department of Community
Colleges and Workforce Development and the Department of Higher Education
may use appropriations from the General Fund to implement agreements
approved by the Joint Boards of Education that provide direct aid to a
student, or other incentives that encourage shared use of facilities,
programs and other resources of state institutions of higher education
and community colleges. [1977 c.306 §3; 1987 c.880 §16; 1997 c.249 §109;
1999 c.450 §1]Note: Sections 1 to 3, chapter 636, Oregon Laws 2005, provide:

Sec. 1. Statewide articulation and transfer system. (1) Community
colleges and state institutions of higher education within the Oregon
University System shall cooperate in operating a statewide articulation
and transfer system. The system must include the means for articulating
lower-division general education credits, general elective credits and
curriculum requirements for approved majors in order to allow students to
transfer between community colleges and state institutions of higher
education without losing credits that otherwise would be applicable
toward a baccalaureate degree. The system must ensure that the
post-secondary education needs of students statewide are met without
unnecessary duplication of courses.

(2) In continuing to provide and improve upon an effective
articulation and transfer framework for students in Oregon’s
post-secondary sectors, community colleges and state institutions of
higher education shall:

(a) Revise the Associate of Arts Oregon Transfer Degree offered by
community colleges;

(b) Develop specific degree pathways as deemed appropriate by state
institutions of higher education and community colleges;

(c) Develop an outcome-based framework for articulation and
transfer that is derived from a common understanding of the criteria for
general education curricula;

(d) Develop a seamless transfer of credits for all level 100 and
200 general education courses;

(e) Implement a statewide course applicability system that permits
students and advisers to query and view online credit transfer options
and conduct online degree auditing;

(f) Develop uniform standards for awarding college credit for
advanced placement test scores; and

(g) Expand early college programs for 11th and 12th graders who
earn college credit and intend to pursue a certificate or associate or
baccalaureate degree.

(3) In addition to the requirements of subsection (2) of this
section, community colleges and state institutions of higher education
may also implement other measures to create an effective articulation and
transfer framework for students. [2005 c.636 §1]

Sec. 2. Report on system. (1) The Oregon University System and the
Department of Community Colleges and Workforce Development shall submit a
report of their progress on operating a statewide articulation and
transfer system that meets statewide post-secondary education needs as
required by section 1 of this 2005 Act to the Emergency Board and to the
legislative interim committee on education prior to January 1, 2007, and
a second progress report to the legislative interim committee on
education prior to January 1, 2009. The reports shall include:

(a) A report on the progress of the Oregon Transfer Module as
approved by the State Board of Higher Education and the State Board of
Education; and

(b) Recommendations for statutory changes necessary to facilitate
the transfer of students between post-secondary institutions.

(2) The Oregon University System and the Department of Community
Colleges and Workforce Development shall report annually to the Joint
Boards of Education on their progress on operating a statewide
articulation and transfer system that meets statewide post-secondary
education needs as required by section 1 of this 2005 Act. [2005 c.636 §2]

Sec. 3. Sections 1 and 2 of this 2005 Act are repealed on January
(1) The Employment Department, in
consultation with health care industry employers, shall perform a
statewide and regional needs assessment for health care occupations to
identify emerging occupations and occupations for which there is high
demand or a shortage of workers. The assessment shall be performed as
necessary on a periodic basis, as determined by the department, in
consultation with industry employers. To perform the needs assessment,
the department may consider any reliable data sources available to the
department.

(2) Based on the needs assessment, the Joint Boards of Education
shall inform community colleges, state institutions of higher education
within the Oregon University System, Oregon Health and Science University
and health care industry employers of the identified statewide needs and
invite the development of health care education programs that are
responsive to those needs.

(3) When approving health care education programs, the State Board
of Education, the State Board of Higher Education and the Oregon Health
and Science University Board of Directors shall use the statewide needs
assessment to evaluate whether a program fulfills statewide needs. If a
board determines there is a statewide need, the board shall facilitate
the:

(a) Coordination of new health care education programs and existing
health care education programs that are similar to the new health care
education programs to address the statewide need; and

(b) Alignment of health care education programs relating to
statewide access, student transferability between programs, course
articulation and common student learning outcomes for health care
education programs.

(4) In the development and approval of health care education
programs, community colleges, state institutions of higher education,
Oregon Health and Science University, the State Board of Education, the
State Board of Higher Education and the Oregon Health and Science
University Board of Directors shall consider issues related to statewide
access, student transferability between programs, course articulation and
common student learning outcomes for health care education programs. The
colleges, institutions, university and boards shall continue to provide
and improve upon an effective articulation and transfer framework for
students in Oregon’s post-secondary sectors. [2005 c.202 §1]Note: 348.900 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 348 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.EDUCATION COMMISSION OF THE STATES (1) If
the state decides to participate in the activities of the Education
Commission of the States, it may pay the appropriate dues. Other costs of
membership may be paid from funds available therefor.

(2) The persons appointed to represent the state in activities of
the commission shall be appointed as follows:

(a) Three by the Governor, to serve at the pleasure of the Governor.

(b) Two by the President of the Senate, who shall be members of the
Senate, to serve at the pleasure of the President of the Senate and until
the convening of the regular session of the Legislative Assembly next
following the appointment who are entitled to payment of compensation and
expense reimbursement under ORS 171.072, payable from funds appropriated
to the Legislative Assembly.

(c) Two by the Speaker of the House of Representatives, who shall
be members of the House of Representatives, to serve at the pleasure of
the Speaker of the House and until the convening of the regular session
of the Legislative Assembly next following the appointment who are
entitled to payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative Assembly.
[Formerly 189.110; 1987 c.879 §13]PENALTIES Violation of any of the provisions of ORS
348.594 to 348.615 by any person individually or on behalf of an
organization or group is a Class B misdemeanor. [1997 c.652 §15; 1999
c.59 §97]

_______________CHAPTERS 349 AND 350[Reserved for expansion]

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