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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 352 State and Independent Institutions of Higher Education
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The Oregon University System
consists of the programs, activities and institutions of higher education
under the jurisdiction of the State Board of Higher Education including
the following:
(1) University of Oregon.
(2) Oregon State University.
(3) Portland State University.
(4) Oregon Institute of Technology.
(5) Western Oregon University.
(6) Southern Oregon University.
(7) Eastern Oregon University. [1987 c.246 §1; 1995 c.162 §74; 1995
c.612 §§10,11; 1997 c.11 §1; 2001 c.382 §1] The president of each
state institution of higher education within the Oregon University System
is also president of the faculty. The president is also the executive and
governing officer of the institution, except as otherwise provided by
statute. Subject to the supervision of the State Board of Higher
Education, the president of the institution has authority to control and
give general directions to the practical affairs of the institution.
[Formerly 352.020; 2005 c.22 §249]No political or sectarian test shall ever be
allowed or applied in the appointment of faculty and other employees of
the Oregon University System. [Formerly 352.030] In
consultation with the Department of Human Services, each state
institution of higher education shall adopt a comprehensive alcohol and
drug abuse policy and implementation plan. [1989 c.1076 §3] The president and professors constitute
the faculty of each of the state institutions of higher education and as
such have the immediate government and discipline of it and the students
therein. The faculty may, subject to the supervision of the State Board
of Higher Education under ORS 351.070, prescribe the course of study to
be pursued in the institution and the textbooks to be used. [Amended by
1987 c.246 §4; 1989 c.492 §3]For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the Oregon University System
may require the fingerprints of a person who:
(1)(a) Is employed or applying for employment by the Oregon
University System; or
(b) Provides services or seeks to provide services to the Oregon
University System as a contractor or volunteer; and
(2) Is, or will be, working or providing services in a position
that is designated as a critical or security-sensitive position. As used
in this subsection, “critical or security-sensitive position” means a
position in which the person:
(a) Has direct access to persons under 18 years of age or to
student residence facilities because the person’s work duties require the
person to be present in the residence facility;
(b) 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) 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;
(d) Has access to property where chemicals, hazardous materials and
other items controlled by state or federal laws or regulations are
located;
(e) Has access to laboratories, nuclear facilities or utility
plants to which access is restricted in order to protect the health or
safety of the public;
(f) Has fiscal, financial aid, payroll or purchasing
responsibilities as one of the person’s primary responsibilities; or
(g) Has access to personal information about employees or members
of the public including Social Security numbers, dates of birth, driver
license numbers, medical information, personal financial information or
criminal background information. [2005 c.730 §71]Note: 352.012 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) Within 60 days after September 29, 1991, every institution under the
jurisdiction of the State Board of Higher Education shall convene a
physical access committee to identify barriers to access by disabled
persons on each institution campus. The committee shall include, but not
be limited to:
(a) One or more students who are disabled or if there are no
disabled students willing to participate, a disabled person who uses the
institution’s facilities;
(b) One or more members of the faculty or staff who are disabled;
(c) The coordinator of disabled student services for the
institution;
(d) One or more administrators of the institution; and
(e) One or more members of the physical plant staff of the
institution.
(2) The physical access committee shall present its findings and
recommendations to the administration of the institution listing access
needs and priorities for meeting those needs. These findings and
recommendations shall identify the barriers to access that prevent
disabled persons from meaningfully utilizing campus facilities related to
instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each biennium beginning on and
after July 1, 1993, each institution under the jurisdiction of the State
Board of Higher Education shall include amounts for capital improvement
that will be applied to the substantial reduction and eventual
elimination of barriers to access by disabled persons as identified by
the physical access committee.
(4) Nothing in this section and ORS 185.155 and 341.937 requires an
institution to undertake projects for accessibility that are not
otherwise required unless such projects are funded specifically by the
Legislative Assembly. [1991 c.935 §§1,2]Note: 352.015 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) As used in this section, “personally
identifiable information” means a student’s Social Security number and
gender or a student’s Social Security number and date of birth.
(2) A state institution of higher education may enter into a
contract with a private contractor to provide the service of facilitating
the disbursement of funds to students. If a student’s personally
identifiable information is necessary to administer the disbursement of
funds under the contract, the institution must:
(a) Obtain from a student a written election to receive the
contracted services;
(b) Provide any alternative method of disbursement of funds at no
additional cost to a student who does not elect to receive those services
from a private contractor;
(c) Not release to a private contractor personally identifiable
information about a student who elects to receive disbursement services
from the private contractor without first obtaining from the student a
written consent to release the personally identifiable information; and
(d) Provide to a student a written description of the purposes for
which a private contractor may use the student’s personally identifiable
information. [2005 c.363 §1]Note: 352.017 takes effect July 1, 2006. See section 3, chapter
363, Oregon Laws 2005.Note: 352.017 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.UNIVERSITY OF OREGON(Generally)The State Board of Higher Education may open, establish, lay
out and dedicate to the public use such streets through the lands
situated within the corporate limits of the City of Eugene, owned by or
belonging to the University of Oregon, upon such terms and conditions as
may be agreed upon by the State Board of Higher Education and the common
council of the City of Eugene. When such streets are so opened, laid out
and established, they hereby are declared to be dedicated to the public
use and are further declared to be public streets of the City of Eugene.
[Formerly 352.080; 2005 c.22 §250] (1) There is created
within the Department of Higher Education the University of Oregon School
of Law. The school shall be administered by the University of Oregon.
(2) The University of Oregon School of Law shall:
(a) Prepare students for careers in the legal profession.
(b) Perform the duties required of the school under ORS 36.100 to
36.238.
(3) The president of the University of Oregon shall appoint the
Dean of the University of Oregon School of Law. [2003 c.791 §§31,31a;
2005 c.817 §7]Note: 352.043 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The
anthropological collections at the University of Oregon are designated
and established as the Oregon State Museum of Anthropology. The Oregon
State Museum of Anthropology is designated as the official depository for
any material of an archaeological or anthropological nature that may come
into the possession of the State of Oregon through the operation of ORS
358.935, 390.235 or 390.237 or as a consequence of gifts from the federal
government, the Smithsonian Institution or from other public or private
agencies. The University of Oregon, through the director of the Oregon
State Museum of Anthropology, shall assume full responsibility for the
custody and safekeeping of said collection. If responsibility for a
collection is reassigned under ORS 390.235, the Oregon State Museum of
Anthropology shall serve as the ultimate depository in the event the
assigned curator is unable or fails to continue that responsibility.
(2) ORS 390.235 or 390.237 or this section shall not interfere with
any collections now in the possession of any institution of higher
learning in Oregon, nor prevent any private person making a gift of any
collection owned by the person directly to any institution. [Formerly
352.090; 1987 c.246 §5; 2005 c.22 §251] (1) Pursuant to ORS
351.870, there is created within the Department of Higher Education the
Center for Brain, Biology and Machine. The center shall be administered
by the University of Oregon.
(2) The purpose of the center is to promote interdisciplinary
teaching and research in scientific areas, including but not limited to
brain structure, development and functions, genetics and genomics,
cognitive neuroscience, molecular biology, computational science,
computing, magnetic resonance imaging and optics.
(3) The Department of Higher Education may receive moneys from any
public or private source to support the Center for Brain, Biology and
Machine created under subsections (1) and (2) of this section. Gifts or
grants received to support the center shall be deposited in an
appropriate fund at the University of Oregon by the Department of Higher
Education. [1999 c.992 §§5,6]Note: 352.046 (1) and (2) were added to and made a part of ORS
chapter 352 by legislative action but were not added to any smaller
series therein. 352.046 (3) was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 352 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(Industrialized Housing Development Program)(1) There is created within the Department of Higher
Education the Industrialized Housing Development Program. The program
shall be administered in conjunction with the Center for Housing
Innovation at the University of Oregon.
(2) The purpose of the program is to provide assistance to
industrialized housing manufacturers to help them achieve demonstrated
best practice by researching, evaluating and disseminating information on
opportunities to improve design technology, including but not limited to:
(a) Methods to improve the affordability of housing;
(b) Better utilization of new products in industrialized housing;
(c) Improving the energy efficiency of industrialized housing; and
(d) Specialized training for workers and management. [1991 c.853 §1]Note: 352.048 to 352.053 were enacted into law by the Legislative
Assembly but were not added to or made a part of any series in ORS
chapter 352 by legislative action. See Preface to Oregon Revised Statutes
for further explanation. (1) In fulfilling the
purpose described in ORS 352.048, the Industrialized Housing Development
Program shall:
(a) Emphasize client-directed problem solving with the planning and
design of appropriate design technologies;
(b) Provide or arrange for the provision of management assistance,
specialized training for workers and other consulting services;
(c) Supplement the design skills and expertise of program staff by
developing relations with experts who may work in a consulting role;
(d) Research new and developing design technology in the United
States and overseas with the purpose of adapting proven technologies and
management practices to Oregon conditions; and
(e) Disseminate research findings to all interested firms
throughout the industrialized housing industry.
(2) The Industrialized Housing Development Program shall establish
a schedule of fees for the services it provides. The program may
establish a minimum level of service for which it does not charge fees.
(3) The Industrialized Housing Development Program may hire
individuals on a contract basis, to provide either full-time or part-time
staffing. However, employees of the program shall not be considered
tenured employees of the Department of Higher Education. [1991 c.853
§§2,3,4]Note: See note under 352.048. The State Board of Higher Education
shall adopt rules necessary to carry out the provisions of ORS 352.048 to
352.053. [1991 c.853 §5]Note: See note under 352.048. Any information obtained by
the Industrialized Housing Development Program relating to an
industrialized housing firm shall remain confidential to the extent that
the information identifies an industrialized housing firm. The
information shall remain confidential for a period of time to be
prescribed by rule and then shall become public information. [1991 c.853
§6]Note: See note under 352.048.Any research, development or evaluation of wood products by
the Industrialized Housing Development Program shall be coordinated by
the Center for Housing Innovation through the Oregon State University
Forest Research Laboratory and Forest Products Extension Service. [1991
c.853 §7]Note: See note under 352.048.PORTLAND STATE UNIVERSITY The
Department of Higher Education may receive moneys from any public or
private source to support the Mark O. Hatfield School of Government, the
Center for Lakes and Reservoirs, the Graduate School of Social Work or
the Institute of Portland Metropolitan Studies created under ORS 352.066,
352.068, 352.071 and 352.074. Gifts and grants received to support the
Mark O. Hatfield School of Government, the Center for Lakes and
Reservoirs, the Graduate School of Social Work or the Institute of
Portland Metropolitan Studies shall be credited to the appropriate fund
at Portland State University by the Department of Higher Education. [2001
c.140 §6] Hatfield School of Government; Criminal Justice
Research and Policy Institute. (1) Pursuant to ORS 351.870, there is
created within the Department of Higher Education the Mark O. Hatfield
School of Government. The Mark O. Hatfield School of Government shall be
administered by Portland State University. The president of Portland
State University shall appoint the director of the Mark O. Hatfield
School of Government.
(2) The purposes of the Mark O. Hatfield School of Government are:
(a) To prepare students for careers in political service, public
administration and the administration of justice;
(b) To perform the duties required of the school under ORS 21.480,
36.179, 183.502 and 390.240; and
(c) To assist the Criminal Justice Research and Policy Institute in
carrying out the duties under subsection (3) of this section.
(3) There is created within the Mark O. Hatfield School of
Government the Criminal Justice Research and Policy Institute. The
institute may assist the Legislative Assembly and state and local
governments in developing policies to reduce crime and delinquency by:
(a) Providing the Legislative Assembly with objective, nonpartisan
analyses of existing or proposed state criminal justice policies, which
analyses may not be inconsistent with state or federal law or the Oregon
or United States Constitution;
(b) Evaluating programs, including but not limited to programs
dealing with public safety professionalism, ethics in leadership and
childhood development, funded directly or indirectly by the State of
Oregon that are intended to reduce criminal and delinquent behavior or to
improve professionalism in public safety careers;
(c) Managing reviews and evaluations relating to major long-term
issues confronting the state involving criminal and juvenile justice,
public safety professionalism, ethics in leadership and early childhood
development programs;
(d) Initiating, sponsoring, conducting and publishing research on
criminal and juvenile justice, public safety professionalism, ethics in
leadership and early childhood development that is peer reviewed and
directly useful to policymakers;
(e) Organizing conferences on current state issues that bring
together policymakers, public agencies and leading academicians; and
(f) Seeking to strengthen the links among the Legislative Assembly,
state and local governments, the Oregon Criminal Justice Commission, the
Department of Public Safety Standards and Training and the academic
community in the interest of more informed policymaking, the application
of best practices and more relevant academic research.
(4) The Governor, the Chief Justice of the Supreme Court, the
President of the Senate, the Speaker of the House of Representatives or
the chairperson of a legislative committee with responsibility over
criminal or juvenile justice systems or childhood development programs
may request the assistance of the Criminal Justice Research and Policy
Institute in evaluating criminal or juvenile justice programs developed
for, but not necessarily limited to, preventing delinquency, reducing
crime and improving professionalism in public safety careers.
(5) Agencies, departments and officers of state and local
governments may assist the Criminal Justice Research and Policy Institute
in the performance of its functions and furnish information, data and
advice as requested by the institute. [2001 c.140 §2; 2003 c.791
§§30,30a; 2005 c.453 §§1,2; 2005 c.817 §8] The
Oregon Criminal Justice Scientific Advisory Committee is established to
provide assistance and advice to the Criminal Justice Research and Policy
Institute. The director of the Mark O. Hatfield School of Government
shall appoint the members of the advisory committee. In order to serve as
a member of the advisory committee, a person must have earned a graduate
degree in a related field from an accredited university. [2005 c.453 §3]Note: 352.067 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) Pursuant to ORS
351.870, there is created within the Department of Higher Education the
Center for Lakes and Reservoirs. The Center for Lakes and Reservoirs
shall be administered by Portland State University.
(2) The purpose of the Center for Lakes and Reservoirs is to assist
state and federal agencies in researching and mitigating nonindigenous,
invasive aquatic species in this state and to work with communities in
developing effective management of lakes and reservoirs. [2001 c.140 §3] (1) Pursuant to ORS
351.870, there is created within the Department of Higher Education the
Graduate School of Social Work. The Graduate School of Social Work shall
be administered by Portland State University.
(2) The purpose of the Graduate School of Social Work is to provide
a center for specialized education and research in the social services
for the betterment of communities in the Portland metropolitan area, the
state and the Pacific Northwest. [2001 c.140 §4] (1) Pursuant to
ORS 351.870, there is created within the Department of Higher Education
the Institute of Portland Metropolitan Studies. The Institute of Portland
Metropolitan Studies shall be administered by Portland State University.
(2) The purpose of the Institute of Portland Metropolitan Studies
is to build partnerships between Portland State University’s urban
studies programs and the surrounding communities of metropolitan Portland
and to sponsor public service research. [2001 c.140 §5]OREGON INSTITUTE OF TECHNOLOGY (1) Pursuant to ORS
351.870, there is created within the Department of Higher Education the
Oregon Renewable Energy Center. The Oregon Renewable Energy Center shall
be administered by the Oregon Institute of Technology.
(2) The purpose of the Oregon Renewable Energy Center is to engage
in renewable energy system engineering and applied research.
(3) The Department of Higher Education may receive moneys from any
public or private source to support the Oregon Renewable Energy Center.
Gifts and grants received to support the Oregon Renewable Energy Center
shall be credited to the appropriate fund at the Oregon Institute of
Technology by the Department of Higher Education. [2001 c.818 §2] (1) As used in this
section:
(a) “Allied health education programs” includes, but is not limited
to:
(A) Radiologic science;
(B) Nuclear medicine;
(C) Sonography;
(D) Vascular technology;
(E) Dental hygiene;
(F) Respiratory care;
(G) Clinical laboratory sciences; and
(H) Emergency medical technician education.
(b) “Allied health education programs” does not include any
undergraduate or graduate nursing program administered by Oregon Health
and Science University.
(2) There is created within the Department of Higher Education the
Oregon Center for Health Professions. The Oregon Center for Health
Professions shall be administered by the Oregon Institute of Technology.
(3) The purposes of the Oregon Center for Health Professions are to:
(a) Provide continued development of bachelor’s degree level
education programs in areas of allied health;
(b) Facilitate the creation of new partnerships between the health
care industry and community colleges, private institutions of higher
education and state institutions of higher education in order to increase
the number of students and graduates in allied health education programs;
(c) Provide continuing education, professional development and
certificate programs for allied health care professionals; and
(d) Align with and complement educational partnerships between the
Oregon Institute of Technology and Oregon Health and Science University
focusing on allied health education programs.
(4) The Department of Higher Education may receive moneys from any
public or private source to support the Oregon Center for Health
Professions. Gifts and grants received to support the Oregon Center for
Health Professions shall be credited to the appropriate fund at the
Oregon Institute of Technology by the Department of Higher Education.
[2005 c.548 §1]Note: 352.223 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OREGON STATE UNIVERSITY(1)
Oregon State University is designated and permanently adopted as the
agricultural college of the state and shall provide, in accordance with
the objectives sought by Congress in the establishment of state
agricultural colleges, instruction in agriculture and the mechanic arts.
The university is also a Sea Grant College dedicated to education and
research in the marine sciences.
(2) The State Board of Higher Education is authorized to enter into
agreements with its counterpart in the State of Idaho and with the Board
of Regents of Washington State University for cooperative development of
the program in Veterinary Medicine. [Amended by 1953 c.362 §1; 1961 c.54
§1; 1987 c.246 §6] (1) There is created
within the Department of Higher Education the Institute for Natural
Resources. The Institute for Natural Resources shall be administered by
Oregon State University.
(2) The Institute for Natural Resources shall serve the following
purposes:
(a) Serve as a clearinghouse for scientifically based natural
resources information.
(b) Provide scientifically based natural resources information to
the public in integrated and accessible formats.
(c) Coordinate efforts with other state agencies and bodies to
provide natural resources information to the public in a comprehensive
manner.
(d) Facilitate and conduct research.
(e) Provide information and technical tools to assist
decision-making on natural resources issues.
(f) Assist the State Land Board in carrying out the Natural
Heritage Program by maintaining a data bank containing a classification
of natural heritage elements and an inventory of the locations of the
elements. All data obtained through personal observation on private land
by employees of Oregon State University working in the Natural Heritage
Program may be entered into the data bank only with the written
permission of the landowner.
(3) Using existing resources, state agencies designated by the
Governor shall enter into a memorandum of understanding, or other
agreement deemed appropriate by the Governor, with the institute that
defines and clarifies the roles and responsibilities of the agencies in
order to prevent duplication of effort and to ensure that agency
resources are used efficiently.
(4) State agencies may contract with the institute to fulfill
agency needs regarding the collection, storage, integration, analysis,
dissemination and monitoring of natural resources information and natural
resources research and training. [2001 c.918 §12; 2003 c.661 §3]Note: 352.239 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 352 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) There is
established an Oregon Climate Service to be located at Oregon State
University. The service shall acquire, maintain, disseminate and
interpret climate data and information for the state.
(2) The service shall:
(a) Assess the needs for weather and climate information in Oregon
and establish priorities among the needs.
(b) Perform a service to citizens of Oregon by managing climate
data for the state, and by disseminating such data and information to
users.
(c) Assist in the coordination of existing activities within the
state and among neighboring states.
(d) Advise regional, state and local government on climate related
issues.
(e) Assist students and faculty in the Oregon University System by
furnishing data and information needed in education and research programs.
(f) Study and analyze the relationships between climatic phenomena
and activities in areas such as agriculture, water resources, energy
production and use, air quality, building design and construction,
transportation and communication, and business and commerce.
(g) Identify emerging climatic issues and anticipate public demand
for information.
(h) Inform state, federal and private groups and the public on the
availability and sources of climate-related services, information and
data. [1991 c.727 §1]STATE INSTITUTIONS GENERALLYWestern Oregon University, Southern Oregon
University and Eastern Oregon University are established as comprehensive
universities that offer a full range of baccalaureate programs and
graduate programs through the master’s degree. [1997 c.11 §3](1) The State Board of Higher Education may enact
such regulations as it shall deem convenient or necessary to provide for
the policing, control and regulation of traffic and parking of vehicles
on the property of any institution under the jurisdiction of the board.
Such regulations may provide for the registration of vehicles, the
designation of parking areas, and the assessment and collection of
reasonable fees and charges for parking, and shall be filed in accordance
with the provisions of ORS chapter 183. The board may require that before
a quarterly or yearly parking privilege for any vehicle is granted to any
full-time or part-time student to use board property, the student must
show that the vehicle is operated by a student holding a valid driver’s
license, that the vehicle is currently registered and that the student
driving the vehicle is insured under a motor vehicle liability insurance
policy that meets the requirements described under ORS 806.080 or that
the student or owner of the vehicle has provided the Department of
Transportation with other satisfactory proof of compliance with the
financial responsibility requirements of this state.
(2) The regulations enacted pursuant to subsection (1) of this
section shall be enforced administratively under procedures adopted by
the board for each institution under its jurisdiction. Administrative and
disciplinary sanctions may be imposed upon students, faculty and staff
for violation of the regulations, including but not limited to, a
reasonable monetary penalty which may be deducted from student deposits,
and faculty or staff salaries or other funds in the possession of the
institution. The board shall provide opportunity for hearing for the
determination of controversies in connection with imposition of fines or
penalties. The board may prescribe procedures for such hearings despite
the provisions of ORS 183.415, 183.450, 183.452, 183.460 and 183.470.
Persons other than students, faculty or staff may voluntarily submit to
the hearing procedures prescribed by the board, and shall be bound by the
results thereof. The powers granted to the board by this section are
supplemental to the existing powers of the board with respect to the
government of activities of students, faculty and staff and the control
and management of property under its jurisdiction.
(3) The regulations enacted pursuant to subsection (1) of this
section may also be enforced by the impoundment of vehicles, and a
reasonable fee may be enacted for the cost of impoundment and storage, if
any, prior to the release of the vehicles to their owners.
(4) All fees and charges for parking privileges and violations are
hereby continuously appropriated to the State Board of Higher Education
to be used to defray the costs of constructing bicycle racks and bicycle
lanes and of traffic control, enforcement of traffic and parking
regulations, and maintenance and operation of parking facilities and for
the purpose of acquiring and constructing additional parking facilities
for vehicles at the various institutions, departments or activities under
the control of the board, and may also be credited to the Higher
Education Bond Sinking Fund provided for in ORS 351.460. Parking fees
shall be established at levels no greater than those required to finance
the construction, operation and maintenance of parking facilities on the
same campus of the state institution of higher education on which the
parking is provided. Notwithstanding ORS 351.072, parking fees or changes
in fees shall be adopted by rule of the state board subject to the
procedure for rules adopted in ORS chapter 183.
(5) Every peace officer may enforce the regulations made by the
board under subsection (1) of this section. The board, for the purpose of
enforcing its rules and regulations governing traffic control, may
appoint peace officers who shall have the same authority as other peace
officers as defined in ORS 133.005.
(6) The State Board of Higher Education and any municipal
corporation or any department, agency or political subdivision of this
state may enter into agreements or contracts with each other for the
purpose of providing a uniform system of enforcement of the rules and
regulations of the board enacted pursuant to subsection (1) of this
section.
(7) In proceedings brought to enforce regulations enacted pursuant
to subsection (1) of this section, it shall be sufficient to charge the
defendant by an unsworn written notice in accordance with the provisions
of ORS 221.333. In any case in which the defendant is not subject to and
does not voluntarily submit to the hearing procedures prescribed under
subsection (2) of this section, proceedings to enforce regulations
enacted pursuant to subsection (1) of this section shall be brought in
the name of the board in a circuit court, a justice court or a city court
for offenses committed within the territorial jurisdiction of such court.
Such courts shall have concurrent jurisdiction over offenses committed
within their respective jurisdictions. All fines, penalties and court
costs recovered shall be paid to the clerk of the court involved and
shall be disposed of as provided in ORS 153.630. [1959 c.569 §§1,2,3,4,5;
1969 c.622 §1; 1971 c.734 §22; 1973 c.836 §347; 1975 c.693 §7; 1977 c.825
§1; 1983 c.186 §1; 1989 c.990 §2; 1993 c.221 §3; 1995 c.79 §194; 1995
c.658 §103; 1999 c.448 §9](1) As used in this section, “school of higher
education” means:
(a) Any school, institution or department under the jurisdiction of
the State Board of Higher Education.
(b) Any community college as defined in ORS 341.005.
(2) No student shall be refused admission to a school of higher
education or be expelled from such a school for the sole reason that,
because of religious beliefs, the student is unable to attend classes on
a particular day.
(3) Any student in a school of higher education who, because of
religious beliefs, is unable to attend classes on a particular day shall
be excused on that day from any examination, study requirement or work
requirement. However, at the student’s own expense the student shall make
up the examination, study requirement or work requirement missed because
of the absence. [Formerly 351.765; 1965 c.100 §347; 1993 c.45 §294] Each institution under the
jurisdiction of the State Board of Higher Education shall consider and
maintain affirmative action plans and goals when reductions in faculty
and staff are required as a result of:
(1) Reductions in revenue that necessitate discontinuance of its
educational program at its anticipated level;
(2) Elimination of classes due to decreased student enrollment; or
(3) Reduction in courses due to administrative decisions. [1981
c.814 §1](1) The State Board of Higher Education may, at the request of
any institution under its control, authorize that institution to
commission one or more of its employees as special campus security
officers. However, the total number of special campus security officers
commissioned at the institutions in the Oregon University System shall
not exceed 50. Special campus security officers shall have stop and frisk
authority as set forth in ORS 131.605 to 131.625 and probable cause
arrest authority and the accompanying immunities as set forth in ORS
133.310 and 133.315 when acting in the scope of their employment as
defined by the State Board of Higher Education. Special campus security
officers shall not be authorized to carry firearms as police officers
and, except as provided in subsection (3) of this section, shall not be
considered police officers for purposes of ORS 181.610, 238.005, 243.005
or 243.736.
(2) The Department of Public Safety Standards and Training shall
train special campus security officers at the expense of the State Board
of Higher Education.
(3) The State Board of Higher Education, acting by and through its
special campus security officers, is a criminal justice agency for
purposes of rules adopted pursuant to ORS 181.730 (3). [1987 c.745 §§1,2;
1995 c.364 §1; 1997 c.853 §37]REGIONAL SERVICES INSTITUTES
(1) The State Board of Higher Education shall cause to have prepared and
submitted to the Legislative Assembly a program and time schedule for the
establishment of regional services institutes at appropriate state
institutions of higher education. The program shall include academic
curriculum and practical training appropriate to train students in
various aspects of economic and community services planning, with
particular emphasis on economic services planning for areas of the state
that have common geographic, economic and social characteristics but
which do not have sufficient population to qualify as standard
metropolitan statistical areas.
(2) In carrying out its duties under subsection (1) of this
section, the board shall consult with the Economic and Community
Development Department and shall rely on the department for technical
advice and, as necessary, technical services. The board shall also
consult with community colleges, Oregon State University Extension
Service, economic development districts and special districts providing
community and economic development services in the region in order to
prepare curriculum and programs with particular emphasis to streamlining
existing programs, avoiding duplication and overlap of programs, better
utilization of students and resources, and identification of needs in the
region which are currently unaddressed.
(3) In preparing programs for establishing regional services
institutes, the board shall give priority to establishing such institutes
at Eastern Oregon University and Southern Oregon University. The board
may also direct the hiring of an institute director and other staff as
may be from time to time required. [1973 c.692 §1; 1979 c.620 §1; 1997
c.11 §9] Programs prepared under ORS
352.390 shall include proposals for training students and utilizing
resources in the following, using the region in which the institute is
located as the training area:
(1) Developing specific resources on the campus where the institute
is to be located to assist with orderly and balanced economic and
community services and for the development and implementation of training
and assistance programs;
(2) Providing technical and research assistance on request to
political subdivisions, special districts, businesses located in the
region and businesses which might prospectively locate in the region;
(3) Locating markets for local manufacturers and processors and
aiding local merchants in locating and contacting markets;
(4) Investigating and studying conditions affecting local business,
industry and commerce and collecting and disseminating information, and
engaging in technical studies, scientific investigations, and statistical
research and educational activities necessary or useful for the promoting
and developing local business and industry upon request of local business
and industry for such aid;
(5) Assembling and coordinating information relative to the status,
scope, cost and employment possibilities and the availability of
materials, equipment and labor in connection with public works projects,
state, county and municipal; recommending limitations on public works;
gathering current progress information with respect to public works being
conducted in the local area and report such information to the Oregon
Economic and Community Development Commission where such sources in the
region do not presently exist;
(6) Gathering, compiling and making available statistical
information relating to business, trade, commerce, industry,
transportation, communication, natural resources and other related
subjects in the region, with reliance on other agencies of the state and
the region, whether public or private, for statistical data and results
obtained by them;
(7) Publishing, disseminating and distributing information and
statistics acquired by the institute;
(8) Aiding the communities in the region in getting businesses to
locate therein by disseminating information as to natural resources,
desirable locations and other advantages of the community upon request of
the community for such aid;
(9) Cooperating with municipal, county, regional and other planning
agencies and planning groups within the state for the purpose of
promoting coordination between the state and localities as to plans and
development in order to maintain a high level of gainful employment in
private profitable production and achieve commensurate advancement in
social and cultural welfare; and
(10) Aiding in coordinating the activities of statewide and local
planning agencies, correlating information secured from them, assisting
in problem solving and resolving state department concerns on a regional
level if appropriate, securing and disseminating information and
suggestions to such planning agencies; and encouraging and assisting in
the organization and functioning of local planning agencies where none
exist. [1973 c.692 §2; 1979 c.620 §2; 1995 c.79 §195]STATE INSTITUTION FINANCESThe interest
that may hereafter accrue on the fund arising from the sale of the
university lands donated to the state by Act of Congress of February 14,
1859, is set apart, separate and distinct from the General Fund, and
continuously appropriated to the maintenance, use and support of the
University of Oregon. Until otherwise provided by law, no part of said
interest shall be expended otherwise than in the payment of the salaries
of its president, professors and teachers, and other current expenses. If
at the close of any fiscal year a sum equal to $500 of said interest
remains unexpended after the full payment of such salaries and expenses
for said year, the same shall be added to and become a part of the
principal of said fund forever. The State Board of Higher Education, the
faculty or other officers of the state university shall in no case pledge
the faith or credit of the university of the state in excess of the
interest annually accruing on the University Fund, together with the
receipts from tuitions and other sources during the current year.
[Amended by 1989 c.966 §38; 2005 c.755 §26] All moneys belonging to the
University Fund shall be loaned by the Department of State Lands in
accordance with the provisions of ORS 327.425 to 327.455 governing loans
from the Common School Fund. The
Department of State Lands shall pay the interest received on loans from
the University Fund to the State Board of Higher Education semiannually. For the endowment,
maintenance and support of Oregon State University, there is set apart,
separate and distinct from the General Fund, and continuously
appropriated the interest on the Oregon State University Fund, arising
from the sale of all lands granted to the State of Oregon, or to which
the state was entitled, under the Act of July 2, 1862 (12 Stat. 503), as
amended, or so much thereof as may be necessary. In no case shall the
interest arising from the fund be applied to the purchase of sites, or
for buildings for Oregon State University, but only in the payment of the
salaries of professors, officers and other current expenses. The
remainder of such interest remaining over at the close of each fiscal
year after the payment of such expenses shall be added to and become a
part of the principal or endowment fund forever. [Amended by 1969 c.594
§49; 1989 c.966 §39; 2005 c.755 §27] All moneys belonging
to the Oregon State University Fund shall be loaned by the Department of
State Lands in accordance with ORS 327.425 to 327.455, governing loans
from the Common School Fund. [Amended by 1969 c.594 §50]The Department of State Lands shall pay the interest
received on loans from the Oregon State University Fund to the State
Board of Higher Education semiannually. [Amended by 1969 c.594 §51] Oregon State
University may accept, receive, own, hold, sell and dispose of any and
all real and personal property given, devised or bequeathed to the State
Land Board by John T. Apperson in trust for the purpose of creating the
J. T. Apperson Agricultural College Educational Fund. The university
shall manage and use it in accordance with the directions contained in
the will of John T. Apperson, deceased, for the purpose of defraying the
expenses and assisting in the education at Oregon State University of
deserving young men and women who are actual bona fide residents of
Oregon and are unable to bear the expense of a collegiate course at that
institution. [Amended by 1969 c.594 §53; 1995 c.118 §2] Oregon State University may
execute all deeds, conveyances, contracts, mortgage releases and all
other instruments necessary to be executed in carrying out the terms of
the trust referred to in ORS 352.600. All such deeds and other
instruments may be executed in manner and form as prescribed by the
university and shall be entitled to record without acknowledgment.
[Amended by 1969 c.594 §54; 1995 c.118 §3] All necessary expenses
incurred by Oregon State University in connection with the administration
of the trust referred to in ORS 352.600 shall be payable out of the fund
referred to in that section. The State Board of Higher Education or the
university if authority is delegated under ORS 351.070 may make such
rules as it considers necessary for the transaction of business and
carrying out ORS 352.600 to 352.630. [Amended by 1969 c.594 §55; 1995
c.118 §4] Whenever there
remains in the hands of the trustee of the J. T. Apperson Agricultural
College Educational Fund or of the Burbank Trust Fund any portion of
either of such funds not then required for investment or loan purposes,
the trustee may require the State Treasurer to deposit such fund or
portions thereof, until the same is required by it, in qualified state
depositories in the same manner as state funds belonging to the State of
Oregon are deposited therein, but separate and distinct from the General
Fund. Any interest received from the deposit of any such trust funds
shall be credited to the particular fund on which such interest was
earned. [Amended by 1989 c.966 §40]POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION The Legislative Assembly finds that:
(1) The current and future need for higher education services in
Oregon is too great and too diverse to be met by government-sponsored
institutions alone.
(2) From the early 1840s the citizens of Oregon, through private
initiative, have created and sustained a variety of independent
not-for-profit institutions of higher education, irrevocably organized as
public benefit corporations in service to the people of Oregon. For the
purposes of ORS 352.665 to 352.675, “independent institutions” or
“independent higher education” refers to such institutions.
(3) These independent institutions:
(a) Conduct teaching, research and public service of high quality,
contributing substantially to the preparation of a professional
workforce, to the intellectual and cultural quality of life in Oregon and
to the individual character of social responsibility so highly prized in
this state and nation;
(b) Provide a major share of all post-secondary education in
Oregon, at the lowest cost to the taxpayer;
(c) Add meaningful and valued diversity to the array of
post-secondary educational opportunities available to Oregonians;
(d) Are accessible to qualified students of all ethnic backgrounds
and from all socioeconomic levels;
(e) Annually attract thousands of talented people to Oregon from
other regions of the country and the world;
(f) Provide unique local opportunities in higher education that
many Oregonians would otherwise leave the state to find;
(g) Attract and sustain voluntary donations of private time,
treasure and talent from thousands of citizens in public service toward
fulfilling the educational needs of the larger community; and
(h) Constitute a sizable economic enterprise.
(4) The educational capital and services of these independent
institutions are essential to meeting the current and future higher
educational needs of Oregon’s citizens. [1993 c.325 §1]Note: 352.665 to 352.675 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 352 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.Based on the legislative findings described
in ORS 352.665, the Legislative Assembly declares that it is an important
public interest to encourage and increase opportunities in independent
higher education for the people of Oregon. [1993 c.325 §2]Note: See note under 352.665. The Legislative
Assembly declares that all state agencies, in particular state
institutions of higher education, should pursue policies and engage in
practices that enhance the vitality of independent higher education in
Oregon and should cooperate with the state’s independent institutions.
[1993 c.325 §3]Note: See note under 352.665. The Legislative Assembly
declares that it is an important public interest, and an appropriate
objective of the state, that Oregonians who need financial assistance to
attend an independent institution in Oregon should have access to state
financial aid. [1993 c.325 §4]Note: See note under 352.665.The Legislative Assembly declares its ongoing interest in
state policies that:
(1) Enhance the ability of independent institutions to sustain and
expand their services in Oregon;
(2) Complement, assist and strengthen existing or planned programs
and activities of independent institutions in Oregon while maintaining
high academic and administrative standards;
(3) Encourage broad public participation in independent higher
education;
(4) Promote coordination among independent and community colleges
and state universities;
(5) Stimulate and encourage private initiative and financial
support in connection with the programs and activities of independent
higher education;
(6) Encourage recognition of the contributions made by independent
higher education to the well-being of the state and to the development of
the individual; and
(7) Develop, maintain and provide the public with sufficient
information concerning independent educational opportunities within the
state. [1993 c.325 §5; 1997 c.11 §10]Note: See note under 352.665.AID TO INDEPENDENT INSTITUTIONS It is hereby determined and declared as a matter of
legislative finding that:
(1) Independent institutions of higher education in the state
educate a substantial share of all post-secondary students in Oregon and
such nonpublic institutions make an important contribution to
post-secondary education in Oregon.
(2) The state’s duty to support the achieving of public welfare
purposes in education may be, in part, fulfilled by the state’s support
of those nonsectarian educational objectives achieved through nonpublic
post-secondary institutions.
(3) Many of Oregon’s private and independent institutions of higher
learning face serious financial difficulties and, should any of these
institutions be forced to close, many of their students would seek
admission in public institutions creating an added financial burden to
the state and an impairment of post-secondary education in Oregon. Such
hazards may be substantially reduced and all education in the state
improved through the purchase of nonsectarian educational services from
Oregon’s private and independent institutions. [1971 c.693 §1] As used in ORS
352.710 to 352.760, unless the context requires otherwise:
(1) “Commission” means the Oregon Student Assistance Commission.
(2) “Private and independent institutions of higher education” or
“institution” means any nonpublic and nonprofit college or university in
the State of Oregon accredited by the Northwest Association of Schools
and Colleges and any chiropractic college located in this state and
accredited by the Commission on Accreditation of the Council on
Chiropractic Education, or its successor.
(3) “Nonsectarian educational services” means the providing of
instruction in secular subjects.
(4) “Secular subjects” means any course which is presented in the
curriculum of a private and independent institution of higher education
which is not hobby or recreational in nature or which does not advocate
the religious teachings or the morals or forms of worship of any sect.
[1971 c.693 §2; 1973 c.721 §6; 1977 c.735 §1; 1977 c.768 §2; 1978 c.1 §4;
1989 c.845 §3; 1999 c.704 §20](1) The Oregon Student Assistance
Commission may enter into contracts with private and independent
institutions of higher education for the performance of nonsectarian
educational services to assist the state in providing educational
opportunities for Oregon students.
(2) The commission may accept grants, gifts, bequests, and devises
of real and personal property to carry out the purposes of ORS 352.710 to
352.760.
(3) No funds disbursed pursuant to ORS 352.710 to 352.760 shall be
used by any recipient for any religious purpose. [1971 c.693 §3; 1981
c.213 §1] Payments to
private and independent institutions of higher education under contracts
entered into under ORS 352.730 shall be determined by the Oregon Student
Assistance Commission on a uniform rate for every 45 quarter hours, or
equivalent, of approved and registered course work in nonsectarian
subjects completed by undergraduate students enrolled in the institutions
who are residents of Oregon, and shall not exceed the actual cost to the
institution of providing such educational services. This uniform rate
shall apply to the estimated 45-hour units for each institution upon
which the legislative appropriation is based for that year, or the actual
45-hour units for each institution, whichever is the lesser. Any
remaining funds shall be distributed among those institutions whose
actual 45-hour units exceed the estimate. The distribution to each
institution shall be according to the uniform rate established for the
45-hour units or an amount equal to the ratio that the excess units bear
to 45. However, if insufficient funds are available for such a
distribution, then the distribution shall be according to the ratio that
the total number of 45-hour units in excess of the estimate bears to the
total amount of funds remaining undistributed, multiplied by the number
of excess 45-hour units, if any, at each institution. [1971 c.693 §4;
1973 c.815 §5; 1977 c.768 §1] In accordance with any applicable provisions of ORS
chapter 183, the Oregon Student Assistance Commission may make such
reasonable rules and regulations as are necessary or proper to carry out
ORS 352.710 to 352.760. [1971 c.693 §5]If a part of ORS 352.710 to 352.760 is
invalid, all valid parts that are severable from the invalid part remain
in effect. If a part of ORS 352.710 to 352.760 is invalid in one or more
of its applications, the part remains in effect in all valid applications
that are severable from the invalid applications. [1971 c.693 §7]FINANCE OF EDUCATIONAL FACILITIES BY MUNICIPALITY As used in ORS
352.790 to 352.820, unless the context requires otherwise:
(1) “Education facilities” means real or personal property owned or
operated by an educational institution and used to provide post-secondary
education. “Education facilities” includes administrative offices,
student and staff parking and on-campus dormitories, but does not include
property used for sectarian instruction nor used primarily as a place of
religious worship or as a part of a program of a school or department of
divinity for any religious denomination or for the religious training of
ministers, priests, rabbis or other similar persons in the field of
religion.
(2) “Education facilities costs” means all costs of acquiring,
constructing and improving education facilities, and capitalized
interest, reserves, costs of credit enhancements and costs of issuing and
paying revenue bonds.
(3) “Education facility revenues” means repayments of loans
authorized by ORS 352.800 (3), and any moneys derived from rights or
property which are security for such a loan.
(4) “Educational institution” means any nonprofit institution
located in this state which grants post-secondary degrees and is
accredited by the Northwest Association of Schools and Colleges or
affiliated nonprofit foundations whose role is to further the mission of
qualified institutions.
(5) “Municipality” means any city or county.
(6) “Revenue bond” means bonds, notes, loan contracts or other
obligations issued by a municipality pursuant to ORS 352.790 to 352.820.
[1987 c.812 §1] In order
to provide the people of this state with access to quality post-secondary
education at a reasonable cost, and to provide an educated workforce
which promotes economic development within this state, the Legislative
Assembly authorizes municipalities to finance education facilities in
accordance with ORS 352.790 to 352.820. [1987 c.812 §2] Except as otherwise provided in ORS
352.810, a municipality shall have all powers necessary to finance
education facilities in accordance with ORS 352.790 to 352.820, including
the power:
(1) To borrow money and to issue revenue bonds to finance education
facilities costs or to refund revenue bonds, as provided in ORS 288.815
to 288.945.
(2) To pledge education facility revenues to pay revenue bonds.
(3) To loan money to educational institutions to finance education
facilities and to enter into loan contracts.
(4) To enter into covenants with the owners of revenue bonds which
are intended to protect the rights of such owners.
(5) To contract with trustees to hold and administer education
facility revenues and the proceeds of revenue bonds.
(6) To take any other action necessary to carry out the powers
granted by ORS 352.790 to 352.820. [1987 c.812 §3](1) Revenue bonds shall be payable solely from that portion of
education facility revenues which the municipality pledges therefor in
the resolution authorizing issuance of revenue bonds.
(2) A municipality may authorize the issuance of revenue bonds by
resolution or nonemergency ordinance under the procedure described in ORS
288.815.
(3) The resolution may provide for the establishment of one or more
special funds and may place such funds under the control of one or more
trustees. The resolution may obligate the municipality to deposit and
expend the proceeds of the revenue bonds only into and from such fund or
funds, and to set aside and pay into such fund or funds specified
education facility revenues.
(4) Any pledge of education facility revenues made by a
municipality shall be valid and binding, without physical delivery or
additional action, from the time that the pledge is made against any
parties having subsequent claims of any kind in tort, contract or
otherwise against a municipality or an educational institution,
irrespective of whether such parties have actual notice thereof. The
pledge shall be noted in the resolution authorizing issuance of revenue
bonds, which shall be constructive notice thereof to all parties and the
resolution need not be recorded, nor shall the filing of any financing
statement under the Uniform Commercial Code be required to perfect such
pledge.
(5) The municipality may establish the terms under which its
revenue bonds shall be issued and sold.
(6) All revenue bonds issued pursuant to ORS 352.790 to 352.820
shall be legal securities which may be used by any insured institution or
trust company, as those terms are defined in ORS 706.008, for deposit
with the State Treasurer or a county treasurer or city treasurer as
security for deposits in lieu of a surety bond under any law relating to
deposits of public moneys. The revenue bond shall constitute legal
investments for public bodies, trustees and other fiduciaries, banks,
savings and loan associations and insurance companies. All revenue bonds
shall constitute negotiable instruments within the meaning of and for all
purposes of the law of this state. [1987 c.812 §4; 1997 c.631 §465; 2003
c.195 §27]
Revenue bonds shall not be a general bond of any municipality nor a
charge upon the tax revenues of any municipality, and shall be secured
solely by the education facility revenues pledged to their payment. [1987
c.812 §5] All powers and duties
provided in ORS 352.790 to 352.820 may be exercised or discharged by two
or more municipalities acting jointly. A municipality may issue revenue
bonds to finance education facilities located within the boundaries of
another municipality. [1987 c.812 §6] Notwithstanding ORS chapter 294,
education facility revenues and the proceeds of revenue bonds may be
invested in any classes of security which are described in the resolution
authorizing issuance of the revenue bonds or are otherwise approved by
the municipality. [1987 c.812 §7]
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