US Laws, Codes, Statutes & Cases

Chapter 341 — Community Colleges

 

2005 EDITION

 

 

COMMUNITY COLLEGES

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

341.005     Definitions

 

341.009     Policy

 

341.015     Guidelines for districts

 

DIRECT AND CONTRACT SERVICES

 

341.019     All areas in state to be served by district; procedure; responsibility; rules; local advisory committees; duties

 

341.021     Provision of service outside districts; proposals; costs

 

341.022     Maximum reimbursable enrollments in nondistrict areas

 

341.024     Rules

 

COMMUNITY COLLEGE DISTRICTS

 

(Formation)

 

341.025     Petition for formation of district

 

341.039     Community college service district; petition; powers; question for electors; method of change

 

341.041     Conversion of certain community college service districts to community college districts

 

341.045     Feasibility study; hearing

 

341.055     Hearing; alteration of proposed boundaries

 

341.065     Dismissal of petition

 

341.076     State board recommendation to legislature; appeal; revision of recommendation; hearing; effect of legislative action

 

341.085     Election for formation of district

 

341.095     Election shall include question of rate limit for operating taxes and may include question of organizational expense

 

341.102     Payment of formation election expenses

 

341.105     List of electors

 

341.115     Effect of election results

 

341.125     First board

 

(Zones)

 

341.175     Adjustment of zone boundaries

 

341.185     Review of zone boundaries

 

BOARD OF EDUCATION

 

(Composition)

 

341.275     Community college district board; qualifications

 

(Organization)

 

341.283     Organization; meetings; quorum; rules; journal; expenses

 

(Status)

 

341.287     Status; official title of board

 

(Powers)

 

341.290     General powers; rules

 

341.300     Traffic control; conditions on parking privileges; rules; penalty

 

341.305     Tax levy

 

341.308     Authority to certify operating taxes

 

341.309     Establishment of interstate taxing authority

 

341.311     Eminent domain

 

341.312     Self-insurance program

 

341.315     Contract for educational services

 

341.317     Educational services to inmates at correctional institutions; reimbursement

 

341.319     Intellectual property

 

341.321     Reserve fund; establishment and termination procedures

 

(Nomination and Election)

 

341.326     Qualification

 

341.327     Mode of election of board

 

341.331     Change in method of nominating and electing board

 

341.335     Vacancy; filling of vacancy; term of appointed member

 

341.339     Position numbers required for at-large positions

 

341.341     Assigning position numbers

 

ELECTIONS GENERALLY

 

341.356     Election laws applicable

 

341.357     Publication of notices

 

341.369     Special elections

 

341.371     Board resolution required to submit question to electors

 

341.379     Eligibility of electors following certain events

 

ESTABLISHMENT AND OPERATION OF COMMUNITY COLLEGES

 

(Establishment)

 

341.405     Establishment of community college

 

341.415     Official name of college

 

341.420     Procedure for name changes for district or college

 

(Programs and Courses)

 

341.425     Approval required to commence or change program and for transfer credits

 

341.440     Contracts with other districts, state department, university or private schools for educational services

 

341.450     Two-plus-two programs and other related programs

 

341.455     Credit for private career school courses; transcripting fee

 

341.460     Credit for traffic safety education course not permitted

 

341.463     Courses in American Sign Language

 

341.465     Certificates and associate degrees

 

(Students)

 

341.475     Student loan fund

 

341.485     Scholarships

 

341.505     Admission of students

 

341.525     Contracts for reimbursement between college districts; effect of high school student’s enrollment on school funding

 

341.527     Admission of nonresident students at resident tuition rate under certain conditions; exchange procedures; rules

 

341.528     Residency for purpose of distribution of state aid

 

341.529     Admission of members of Armed Forces, spouses and dependent children; fee and tuition rate

 

341.531     Rights of student in military ordered to active duty; rules

 

341.532     Credit for room, board, tuition and fees for student ordered to active duty; rules

 

341.533     Credit for education and training received in Armed Forces

 

(Employees)

 

341.535     Qualifications of faculty; appraisal

 

341.541     Affirmative action plans, goals when faculty, staff reductions required

 

341.547     Notice of reasonable assurance of continued employment; effect of failure to give notice

 

341.551     Optional retirement plan for administrative employees

 

BOUNDARY CHANGES

 

341.565     State board as boundary board; petition, hearings; legislative approval required; effective date of change; filing of change

 

341.569     When election on change required

 

341.573     Division of assets and liabilities

 

341.575     Liability of annexed or merged territory

 

341.577     Procedure when district annexes new territory that is greater in population than original district

 

341.579     Vote on proposed boundary change subject to ORS 341.577; state board’s order

 

EXPANSION OF COMMUNITY COLLEGE DISTRICTS

 

341.601     “District” defined

 

341.604     Classification and designation of service areas

 

341.608     Service area financing; bonded indebtedness

 

341.611     Election on bonded indebtedness

 

341.613     Bonded indebtedness restrictions

 

341.616     Levy of direct ad valorem tax to pay bonds; procedure for advertisement and sale of bonds

 

341.618     Application of ORS 341.675 to 341.715 to bonds

 

341.619     New territory in Blue Mountain and Columbia Gorge Community College Districts not liable for existing debt

 

Note          Provisions governing annexation of new territory into Blue Mountain Community College District--1999 c.1027 §4

 

AID FOR OPERATION

 

341.620     Community College Support Fund

 

341.626     Distribution of state aid; rules

 

341.635     Effect on state aid of scholarships and of certain admissions

 

341.655     Distribution of federal funds for professional technical education

 

341.660     Treatment of public library costs in computing state aid

 

341.665     Receipt of funds for apprenticeship programs

 

FINANCE

 

(Bonds Issued by Districts)

 

341.675     Authority to incur bonded indebtedness; aggregate amount

 

341.678     Election on bonded indebtedness

 

341.681     Issuance of bonds

 

341.685     Registration of bonds; disposition of proceeds

 

341.690     Tax levy to meet annual bonded indebtedness; bond sinking fund

 

341.693     Payment of bond principal and interest

 

341.695     Bond redemption procedure

 

341.697     Refunding bonds

 

341.702     Advertisement and sale of bonds

 

(Custody and Expenditure of Funds)

 

341.703     Custodian of funds; depositories; signature on checks; warrants as checks

 

341.705     Warrant procedure

 

(Audits)

 

341.709     Annual audit required

 

(Notes)

 

341.715     Short-term promissory notes

 

(Bonds Issued by State)

 

341.721     Issuance by State Treasurer

 

341.725     Community College Capital Construction Fund

 

Note          Columbia Gorge Community College Facilities Account--2005 c.787 §26

 

Note          Oregon Coast Community College Facilities Account--2005 c.787 §27

 

Note          Rogue Community College Medford Instructional Facility Account--2005 c.787 §28

 

Note          Clatsop Community College Facilities Account--2005 c.787 §29

 

Note          Tillamook Bay Community College Facilities Account--2005 c.787 §30

 

Note          Klamath Community College Facilities Account--2005 c.787 §31

 

Note          Southwestern Oregon Community College Curry County Facilities Account--2005 c.787 §32

 

341.728     Community College Bond Building Fund

 

341.731     Community College Bond Sinking Fund

 

341.735     Grant agreements for distribution of funds to community college districts; fees

 

341.739     Bond counsel services; financial advisory services

 

AID FOR CONSTRUCTION

 

341.933     Distribution of state funds for capital construction; standards; limitations; rules

 

341.937     Capital improvements for access for persons with disabilities

 

GENERAL PROVISIONS

 

      341.005 Definitions. As used in this chapter, unless the context otherwise requires:

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

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

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

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

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

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

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

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

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

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

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

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

 

      341.009 Policy. The Legislative Assembly finds that:

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

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

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

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

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

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

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

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

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

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

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

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

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

      (a) Identify educational needs of the district; and

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

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

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

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

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

      (18) Any eligible Oregon resident should have the right to attend a community college even though not residing in a district operating one, subject to the right of the governing board to limit the size of classes and to give preference to students residing in the district. Local school districts and education service districts should have the authority to negotiate the terms and conditions with the governing boards for the enrollment of students residing in such areas. [1971 c.513 §97; 1993 c.45 §130; 1995 c.67 §2]

 

      341.010 [Repealed by 1965 c.100 §456]

 

      341.015 Guidelines for districts. The State Board of Education shall adopt guidelines for the orderly development and management of community college districts, including guidelines for personnel policy formulation, accounting procedures and student record keeping and privacy procedures. [1971 c.233 §§1,2; 1987 c.474 §5; 1995 c.67 §3]

 

      341.018 [1975 c.553 §10; 1993 c.45 §131; repealed by 1995 c.67 §42]

 

DIRECT AND CONTRACT SERVICES

 

      341.019 All areas in state to be served by district; procedure; responsibility; rules; local advisory committees; duties. (1) All areas within this state shall be served by a community college district. Such services may be provided either:

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

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

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

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

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

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

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

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

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

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

      (10) As used in ORS 341.019 to 341.022, “community college district” includes a community college service district. [1987 c.191 §2; 1991 c.757 §3]

 

      341.020 [Repealed by 1965 c.100 §456]

 

      341.021 Provision of service outside districts; proposals; costs. (1) The Department of Community Colleges and Workforce Development shall invite existing community college districts to submit proposals for the provision of service to an area that has officially indicated its interest in receiving service.

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

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

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

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

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

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

      (4) Agreements developed under this section shall be wholly supported by Community College Support Fund reimbursement, nondistrict student tuition and nondistrict resources. [1987 c.191 §3; 1991 c.757 §4; 1995 c.67 §4]

 

      341.022 Maximum reimbursable enrollments in nondistrict areas. Annual state reimbursable enrollments under an agreement with a nondistrict area shall not exceed 300 full-time equivalent students. [1987 c.191 §4]

 

      341.023 [1987 c.191 §5; 1991 c.757 §5; repealed by 1995 c.67 §42]

 

      341.024 Rules. The State Board of Education shall adopt rules to implement ORS 341.019 to 341.024. The rules shall provide:

      (1) Standards for accepting proposals for service;

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

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

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

      (5) Other rules necessary to implement ORS 341.019 to 341.024. [1987 c.191 §6]

 

COMMUNITY COLLEGE DISTRICTS

 

(Formation)

 

      341.025 Petition for formation of district. (1) Whenever the electors registered in contiguous territory desire the formation of a community college district, they may sign a petition requesting the formation of such a district and present it to the State Board of Education.

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

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

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

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

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

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

      (f) Must contain any other information required by rules of the state board. [Formerly 341.710; 1967 c.465 §5; 1969 c.220 §1; 1969 c.673 §1; 1971 c.513 §73; 1983 c.83 §71; 1983 c.350 §194; 1989 c.261 §1; 1995 c.67 §5]

 

      341.030 [Repealed by 1965 c.100 §456]

 

      341.035 [Formerly 341.720; repealed by 1969 c.673 §14]

 

      341.037 [1971 c.513 §74b; 1987 c.192 §1; repealed by 1989 c.261 §4]

 

      341.039 Community college service district; petition; powers; question for electors; method of change. (1) A petition submitted pursuant to ORS 341.025 may specify that the proposed district be organized as a community college service district. The formation of a community college service district shall comply with the provisions of ORS 341.025 to 341.125. A petition affecting a territory that, in the judgment of the Commissioner for Community College Services, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.

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

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

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

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

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

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

      (b) The service district has adopted a sound comprehensive plan that sets out the district’s instructional and capital plans for five years. [1989 c.261 §3; 1997 c.249 §102; 1997 c.271 §1; 1999 c.21 §67; 1999 c.211 §1]

 

      Note: 341.039 was added to and made a part of ORS chapter 341 by legislative action but was not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      341.040 [Repealed by 1965 c.100 §456]

 

      341.041 Conversion of certain community college service districts to community college districts. Notwithstanding ORS 341.039 (3) and (4), on July 1, 2001, all community college service districts formed prior to July 1, 1997, shall become community college districts and on and after July 1, 2001, shall operate as community college districts. [2001 c.168 §2]

 

      341.045 Feasibility study; hearing. (1) The State Board of Education shall examine the petition to determine whether it is complete. If the petition is complete and if formation of the district is consistent with the overall plan for all education in the state, the state board shall undertake a study of the feasibility of a community college in the geographical area proposed by the petition, including but not limited to:

      (a) Educational needs of the area.

      (b) Potential enrollment levels.

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

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

      (e) Boundaries of the proposed district.

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

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

      (3) The notice of hearing shall state:

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

      (b) The boundaries of the proposed district.

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

      (d) The time and place set for the hearing on the petition. [Formerly 347.730; 1967 c.465 §1; 1969 c.673 §2; 1971 c.513 §74; 1991 c.397 §1; 1997 c.541 §378]

 

      341.050 [Repealed by 1965 c.100 §456]

 

      341.055 Hearing; alteration of proposed boundaries. (1) At the time designated in the notice, the State Board of Education or its authorized representative shall conduct a public hearing on the study and may adjourn the hearing from time to time. The state board may alter the boundaries set forth in the petition submitted under ORS 341.025 to include all territory the residents of which will be materially benefited by formation of the community college district as determined by its study. The state board shall not modify the boundaries of the district as set forth in the petition so as to exclude from the district any territory the residents of which will be materially benefited by formation of the district, nor may there be included in the proposed district any territory the residents of which will not be materially benefited.

      (2) If the board concludes that any territory has been improperly included or omitted from the proposed community college district and that electors within the included or omitted territory have not appeared at the hearing, the board shall continue further hearing on the study and shall order notice given to the nonappearing electors requiring them to appear and show cause why their territory should not be excluded or included in the proposed district. The notice shall be given either in the same manner as notice of the original hearing was given or by personal service on each nonappearing elector. If notice is given by personal service, such service shall be made at least 10 days prior to the date fixed for the hearing. [Formerly 341.740; 1967 c.465 §2; 1969 c.673 §3]

 

      341.060 [Repealed by 1965 c.100 §456]

 

      341.065 Dismissal of petition. If, in the opinion of the State Board of Education, the study and the testimony presented at the hearing or hearings held under ORS 341.055 indicate that the formation of a community college district as petitioned is not warranted under the policies set forth by ORS 341.009, the state board shall order dismissal of the petition. An appeal from this order may be taken within 60 days in the manner provided in ORS 183.480. [1965 c.238 §2; 1967 c.465 §3; 1969 c.673 §4; 1991 c.397 §2]

 

      341.070 [Repealed by 1957 c.723 §28]

 

      341.075 [Formerly 341.750; repealed by 1969 c.673 §5 (341.076 enacted in lieu of 341.075)]

 

      341.076 State board recommendation to legislature; appeal; revision of recommendation; hearing; effect of legislative action. (1) If, upon final hearing of the study under ORS 341.055, the State Board of Education approves formation of a community college district, with boundaries either as originally presented or as altered pursuant to the hearing, the state board shall make its recommendation to the Legislative Assembly in an order describing the exterior boundaries and the zone boundaries for the election of members of the board of education of the community college district, if any. An appeal from the recommendation may be taken within 60 days in the manner provided in ORS 183.480. If no appeal from this recommendation is filed within 60 days after the date of the recommendation, the recommendation becomes final.

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

      (3) Upon receipt of the final recommendation, the Legislative Assembly shall approve or disapprove the recommendation. If the recommendation is approved, an election under ORS 341.085 shall be held. If the recommendation is disapproved, the state board may revise its recommendation and resubmit a final recommendation to the Legislative Assembly but not sooner than 60 days after the action of disapproval was taken. [1969 c.673 §6 (enacted in lieu of 341.075); 1971 c.513 §75; 1977 c.827 §1; 2003 c.574 §1]

 

      341.080 [Repealed by 1965 c.100 §456]

 

      341.085 Election for formation of district. (1) An election for the purpose of presenting the question of formation of a district and establishing a permanent rate limit for operating taxes and the boundaries of the zones, if the zones were recommended by the State Board of Education, shall be held to submit the question to the electors registered in the proposed district designated in the recommendation of the state board. The election shall be held not sooner than the 90th day after the effective date of the appropriation required by ORS 341.102. The election date shall be uniform throughout the proposed district, and shall be set by the state board on a date specified in ORS 255.345. However, if the question of establishing a permanent rate limit for operating taxes is to be submitted, the election must be held on the same date as the next primary election or the next general election, as determined by the state board.

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

      (3) An elector registered in a precinct or in the portion of a precinct which is located within the boundaries of the proposed district may vote on any matter arising at the election under subsection (1) of this section. [Formerly 341.760; 1967 c.605 §18; 1969 c.673 §9; 1971 c.513 §76; 1973 c.796 §51a; 1983 c.83 §72; 1983 c.350 §195; 1987 c.267 §77; 1995 c.67 §6; 1995 c.79 §184; 1995 c.712 §108; 1997 c.541 §379; 2001 c.114 §50]

 

      341.095 Election shall include question of rate limit for operating taxes and may include question of organizational expense. (1) The State Board of Education shall include as a part of the election called for formation of a district the question of a permanent rate limit for operating taxes to finance the district’s share of operating and capital expenses. The rate limit shall be specified by the state board as a result of its study and the hearing held under ORS 341.055. The state board may also include the question of incurring indebtedness to pay organizational expenses of the district between the time the district is approved and the first budget is adopted. If the question of incurring indebtedness is approved, the district may borrow money on its negotiable, short-term, promissory notes in an aggregate amount not to exceed the limit approved at the election and may, notwithstanding ORS 294.326, expend such money without the preparation and adoption of a budget.

      (2) In preparing its first budget, the board of the district shall provide for the repayment of the indebtedness incurred for organizational expenses under subsection (1) of this section. [1965 c.129 §2; 1969 c.673 §10; 1971 c.513 §77; 1995 c.67 §7; 1997 c.541 §380]

 

      341.102 Payment of formation election expenses. If the Legislative Assembly approves the recommendation submitted under ORS 341.076, 341.565 or 341.579, the Legislative Assembly shall appropriate or allocate to the Department of Community Colleges and Workforce Development moneys necessary to pay the expenses of the election under ORS 341.085, 341.565, 341.569 or 341.579 (1) if the election is to occur within 24 months of the appropriation or allocation. If the election does not occur within the biennium immediately following the appropriation or allocation, the question shall be brought before the next Legislative Assembly. The state shall fund the election without regard to the outcome of the election. [1969 c.673 §8; 1995 c.67 §8; 1995 c.357 §3a; 1997 c.249 §103; 1999 c.1027 §7; 2001 c.104 §115; 2003 c.574 §2]

 

      341.105 List of electors. When at the request of the State Board of Education the county clerk of the principal county, in consultation with county clerks of the affected counties, prepares a list or lists of names and addresses of the electors registered in the proposed district, the Department of Community Colleges and Workforce Development is authorized to pay the charge as determined under ORS 255.305. [Formerly 341.770; 1969 c.673 §11; 1971 c.513 §78; 1973 c.796 §51b; 1983 c.83 §73; 1983 c.350 §196; 1995 c.67 §9]

 

      341.115 Effect of election results. (1) If the vote is in favor of the formation of the community college district and establishes a permanent rate limit for operating taxes for the district, the State Board of Education:

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

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

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

      (3) If the vote is in favor of the formation of a community college district but opposed to a permanent rate limit at the rate submitted, the district shall not be formed. [Formerly 341.780; 1969 c.673 §13; 1983 c.350 §197; 1995 c.67 §10; 1997 c.541 §381]

 

      341.125 First board. (1) The first board of education of a district shall be elected at the same election as the election at which votes are cast for the formation of the district. Nominations for the board of education positions to be filled by nomination and election at-large shall be made by petition requesting that such person’s name be placed on the ballot and signed with the signatures of at least 50 electors registered in the proposed district. If the district has been zoned and the position is to be filled by nomination or election by zone, the petition shall be signed by at least 25 electors registered in the zone. The petition shall be presented to the State Board of Education at least 70 days prior to the election. Upon receipt of petitions which comply with applicable law, the state board shall cause the names of such nominees to be placed upon the ballot.

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

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

      (4) If the election is at large, the length of the term of office of members of the first board elected shall be determined in accordance with the number of votes each receives in the election. Those receiving the highest number of votes may serve the four-year terms, subject to any term designations made by the state board under subsection (3) of this section. [Formerly 341.800; 1971 c.513 §79; 1973 c.796 §52; 1983 c.83 §74; 1995 c.258 §8]

 

      341.135 [Formerly 341.910; repealed by 1971 c.513 §100]

 

      341.155 [Formerly 341.912; 1971 c.513 §80; repealed by 1983 c.350 §331a]

 

      341.165 [Formerly 341.914; 1969 c.220 §2; 1971 c.513 §81; 1983 c.350 §198; renumbered 341.331]

 

(Zones)

 

      341.175 Adjustment of zone boundaries. The board shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in population as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [Formerly 341.916; 1969 c.220 §3; 1971 c.513 §28; 1983 c.350 §199]

 

      341.185 Review of zone boundaries. Any elector of a district aggrieved by the adjustment of or failure to adjust boundaries of a zone pursuant to ORS 341.175 on the basis that population is not as nearly equal as is feasible is entitled to appear before the board at a public hearing to present the case. If the board refuses to make the requested adjustment in the boundaries, the aggrieved elector may appeal from the decision of the board to the circuit court. The appeal shall be by writ of review. [1971 c.513 §29; 1983 c.350 §200]

 

      341.195 [Subsections (1) and (2) formerly 341.820; subsection (3) formerly 341.880; repealed by 1971 c.513 §100]

 

      341.205 [1965 c.100 §321 (enacted in lieu of 341.830); repealed by 1971 c.513 §100]

 

      341.210 [Repealed by 1959 c.121 §2]

 

      341.215 [Formerly 341.840; repealed by 1971 c.513 §100]

 

      341.220 [Repealed by 1959 c.121 §2]

 

      341.225 [Formerly 341.850; repealed by 1971 c.513 §100]

 

      341.230 [Repealed by 1959 c.121 §2]

 

      341.235 [Formerly 341.860; repealed by 1971 c.513 §100]

 

      341.240 [Repealed by 1959 c.121 §2]

 

      341.245 [Formerly 341.870; repealed by 1971 c.513 §100]

 

      341.250 [Repealed by 1959 c.121 §2]

 

      341.255 [1965 c.100 §327; repealed by 1971 c.513 §100]

 

BOARD OF EDUCATION

 

(Composition)

 

      341.275 Community college district board; qualifications. (1) The board shall be composed of seven members.

      (2) No person who is an employee of the community college district shall be eligible to serve as a member of the board for the district by which the employee is employed. [Formerly 341.790; 1967 c.605 §19; 1969 c.220 §6; 1971 c.513 §26; 1981 c.114 §1; 1983 c.350 §201]

 

      341.280 [1969 c.220 §5; 1971 c.513 §24; renumbered 341.327]

 

      341.282 [1969 c.220 §7; renumbered 341.329]

 

(Organization)

 

      341.283 Organization; meetings; quorum; rules; journal; expenses. (1) After July 1 of each year, the board of a district shall meet and organize by electing a chairperson and a vice chairperson from its members.

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

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

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

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

      (6) Members of the board shall receive no compensation for their services, but they shall be allowed the actual and necessary expenses incurred by them in the performance of their duties. [1971 c.513 §2; 1973 c.725 §2; 1995 c.67 §12]

 

      341.285 [Formerly 341.805; repealed by 1971 c.513 §100]

 

(Status)

 

      341.287 Status; official title of board. (1) Districts are bodies corporate, and the board is authorized to sue and be sued in the corporate name.

      (2) The members of the board of a district in their official capacity shall be known as the board of education of the community college district. [1971 c.513 §3]

 

(Powers)

 

      341.290 General powers; rules. The board of education of a community college district shall be responsible for the general supervision and control of any and all community colleges operated by the district. Consistent with any applicable rules of the State Board of Education, the board may:

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

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

      (3) Prescribe the educational program.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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